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Evictions, Ejectments & Unlawful Detainers

Miami Landlord/Tenant Lawyers

In Florida, there are three possible remedies to address a situation where a landlord or property owner wants to have a tenant removed from the premises. While many people have heard of evictions, far fewer have heard of ejectments or unlawful detainers. It is important to know the difference between these three proceedings to ensure the appropriate one is filed (or challenged) in your situation.

Edelboim Lieberman Revah Oshinsky PLLC represents landlords and tenants in the Miami area in unlawful detainers, evictions, or ejectments. We can assist you in filing such an action or can defend a lawsuit for unlawful detainers, evictions or ejectments. In either scenario, we will put your best interests first as we apply our legal experience and knowledge to your advantage. Our Miami real estate lawyers will do everything possible to work the system in your favor, within the confines of Florida law.

To find out more about this important subject, call (305) 712-6097 for a free consultation.

Legal Remedies Available to Tenants & Landlords in Miami, FL

Evictions, unlawful detainers, and ejectments are all legal actions involving possession of real property. These types of lawsuits are filed in court, and they all involve removing a tenant or occupant from a property, but they apply in different scenarios.

These removal proceedings are briefly discussed below:

  • Eviction (Florida Statutes, Chapter 83): This approach applies when a landlord-tenant relationship exists, usually by way of a lease agreement and/or the routine payment of rent. If the tenant is accused of breaching the applicable lease agreement, the landlord may seek to have the tenant removed from the property through eviction proceedings. The eviction lawyers at Edelboim Lieberman Revah Oshinsky have resolved thousands of commercial evictions and residential evictions.
  • Unlawful Detainer (Florida Statutes, Chapter 82): This method is similar to an eviction, but typically involves situations where no formal landlord-tenant relationship or agreement exists. In this type of situation, the property owner would need to file an unlawful detainer action to have the person removed from the property. Unlawful Detainers are filed in situations where the occupant maintains possession of real property without the property owner’s consent.
  • Ejectment (Florida Statutes, Chapter 66): Typically the most complicated of removal proceedings, ejectments may apply when a tenant or occupant of real property refuses to leave the premises and this refusal is predicated upon a claim that he or she has some type of right, title or interest in the property. Only a property owner can bring an ejectment action in Florida. Our ejectment lawyers will verify that you have title and ownership of the property before filing for ejectment.

Whether you are a tenant, landlord, or property owner, our Miami real estate attorneys can offer the skilled counsel you need in removal proceedings such as ejectments, evictions, or unlawful detainers.

Call our offices at (305) 712-6097 to learn more!

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