Ejectment, Unlawful Detainer and Trespass – Removing Unwelcome Guests or Other Individuals from your Property
If you believe you are dealing with a possible construction defect, you should have an engineering evaluation done as soon as possible. It is best to use an independent contractor for this who can quickly determine the details of the problem and whether it is construction related.
Plaintiff, A.B., sues defendant, C.D., and alleges:
1. This is an action to recover possession of real property in ____________________ County, Florida.
2. Defendant is in possession of the following real property in said county: (e.g. Tampa address and legal description) to which plaintiff claims title as shown by the attached statement of plaintiff’s chain of title.
3. Defendant refuses to deliver possession of the property to plaintiff or pay plaintiff the profits from it.
WHEREFORE, plaintiff demands judgment for possession of the property and damages against defendant.
The defendant can claim several different defenses to such a Complaint including improvement or betterment of the property and superior title. In disputes where both parties have title, the one with the better title will prevail.
Another option for removing a tenant where no lease exits or where the lease has expired is an Unlawful Detainer action. Jeff Lieser was recently interviewed live about these types of lawsuits.
The Florida Supreme Court has approved the following form Complaint for unlawful detainer actions:
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action to recover possession of real property unlawfully(forcibly) detained in ____________________ County, Florida.
2. Plaintiff is entitled to possession of the following real property in said county:
(insert description of property)
3. Defendant has unlawfully(forcibly) turned plaintiff out of and withholds possession of the property from plaintiff.
WHEREFORE, Plaintiff demands judgment for possession of the property and damages against defendant.
A trespass can include merely entering a building without authority. Trespass can also be committed by one’s continued presence on someone’s land or building, if it is not removed after consent has been terminated. Damages for trespass action can include loss of rental income, loss of enjoyment of the subject property, loss of privacy and other personal losses.
Call the Landlord Tenant lawyers at our firm to discuss your ejectment, unlawful detainer or trespass case today!