Unlawful Detainer vs. Eviction in Florida
Florida has three separate court procedures for removing an unwanted occupant. Which one you file depends on the occupant's legal relationship to the property — not on how badly they need to go. Filing the wrong procedure means dismissal and starting over.
Eviction (Ch. 83) — use when the occupant is a tenant under a rental agreement (oral or written) and pays rent. Unlawful detainer (Ch. 82) — use when the occupant has no formal tenancy and no ownership claim: a guest who won't leave, a family member who lives rent-free, or a licensee whose permission has ended. Ejectment (Ch. 66) — use when the occupant claims an ownership interest in the property. Both eviction and unlawful detainer are filed in county court; ejectment is filed in circuit court.
Three Florida procedures compared
| Factor | Eviction (Ch. 83) | Unlawful Detainer (Ch. 82) | Ejectment (Ch. 66) |
|---|---|---|---|
| Who it covers | Tenants with a rental agreement | Guests, former licensees, rent-free family | Occupants who claim ownership |
| Statute | Fla. Stat. Ch. 83 | Fla. Stat. Ch. 82 | Fla. Stat. Ch. 66 |
| Court | County court | County court | Circuit court |
| Notice required first? | Yes — 3, 7, or 15 days under Ch. 83 | Demand to vacate (no statutory period) | Demand to vacate + often 30 days |
| Typical uncontested timeline | 3–5 weeks | 3–6 weeks | 60–120+ days |
| Miami-Dade filing fee | $185 | ~$185 | Higher (circuit court fees) |
Eviction (Ch. 83) — for tenants
Chapter 83 of the Florida Statutes — the Residential Landlord and Tenant Act — governs the relationship between landlords and tenants. If your occupant qualifies as a "tenant" under Ch. 83, eviction is the right process.
Who qualifies as a "tenant" under Ch. 83? Anyone who occupies the unit under a rental agreement — written or oral — in exchange for rent or equivalent consideration. Florida courts broadly interpret "rental agreement" and "consideration" — informal arrangements count.
Eviction under Ch. 83 requires a statutory notice before filing: 3-Day Notice for non-payment (§ 83.56(3)), 7-Day Notice for lease violations (§ 83.56(2)), or 15-Day Notice to terminate a month-to-month tenancy (§ 83.57). Holdover tenants — those who stay after a lease expires — are handled under Ch. 83 as month-to-month tenants until properly terminated.
Unlawful detainer (Ch. 82) — for non-tenant occupants
Chapter 82 (Unlawful Detainer) applies when someone occupies property without any legal authority — no lease, no rental agreement, and no ownership interest. Common situations:
Someone invited to stay "for a few weeks" who is now months into their stay and refuses a request to leave. No rent was ever paid or agreed upon.
Was never on the lease; moved in informally. Now that the relationship is over, refuses to vacate the property.
Lives in the property without any rental agreement or payment of rent. Note: if they pay any consideration regularly, Florida may treat them as a tenant under Ch. 83.
A caretaker, property manager, or employee given permission to occupy the property as part of a service arrangement — not as a tenant. Once the arrangement ends, unlawful detainer applies if they won't leave.
Before filing unlawful detainer, issue a written demand to vacate specifying a reasonable time to leave. This demand is not governed by Ch. 83 — there's no mandatory notice period — but documentation of the demand helps establish the legal basis for the lawsuit.
Ejectment (Ch. 66) — for ownership disputes
Ejectment is a circuit court action used when the occupant claims some interest in the property — a co-ownership claim, a deed they assert entitles them to occupy, or an inheritance dispute. Unlike eviction and unlawful detainer (which are purely about possession), ejectment resolves the underlying ownership dispute before addressing possession.
Common ejectment scenarios: adult child on the deed, co-owner who won't sell or vacate, someone who claims title based on a verbal promise or partial payment. Ejectment is more complex and slower — budget 60–120 days minimum. Consult a Florida real estate attorney for ejectment cases.
If the occupant is on the deed and co-owns the property, neither ejectment nor eviction applies — a partition action under Fla. Stat. Ch. 64 is the tool to force a sale or physical division of the property.
Which procedure applies? Three questions
Does the occupant pay rent or have a lease (oral or written)?
→ Use Eviction (Ch. 83). Serve the correct statutory notice first.
Continue to question 2.
Does the occupant claim an ownership interest or a recorded right to possess the property?
→ Use Ejectment (Ch. 66) in circuit court. Consider a Florida real estate attorney.
Continue to question 3.
Is the occupant present without any lease, without paying rent, and without any ownership claim?
→ Use Unlawful Detainer (Ch. 82). Demand to vacate, then file in county court.
The situation may be more complex. Consult a Florida real estate or landlord-tenant attorney.
Florida HB 1417 (effective July 1, 2023, codified at Fla. Stat. § 83.425) preempted all city and county landlord-tenant ordinances. Some Miami-Dade and Broward cities previously had tenant-protection rules that added steps or waiting periods before court filings. Those local ordinances are no longer in force. Read the HB 1417 preemption explainer.
Related guides
Authoritative Florida resources
Primary sources for statutory text, court procedures, and licensed legal help.
- Florida Statutes Chapter 83Florida Residential Landlord and Tenant Act — full statutory textflsenate.gov
- Miami-Dade Clerk: Civil & Family CourtFiling fees, e-filing portal, courthouse detailsmiamidadeclerk.gov
- Miami-Dade Sheriff: EvictionsWrit of possession service procedures and Sheriff coordinationmiamidade.gov
- Florida Bar Lawyer Referral ServiceLocate a Florida-licensed eviction attorneyfloridabar.org
FAQ
What is unlawful detainer in Florida?
Unlawful detainer (Fla. Stat. Ch. 82) is a court action to recover possession of property from someone who is in the property without legal authority — typically a guest who won't leave, a former licensee, or an occupant who was never a tenant under a rental agreement. The process is similar to eviction but uses different statutes and is used when there is no landlord-tenant relationship under Ch. 83.
What is the difference between unlawful detainer and eviction in Florida?
Eviction (Ch. 83 — "summary procedure for residential evictions") applies to tenants who have a rental agreement (written or oral) and pay rent. Unlawful detainer (Ch. 82) applies to occupants who have no formal tenancy — guests, former licensees, family members who never paid rent. Ejectment (Ch. 66) applies when the occupant claims an ownership interest in the property.
My tenant's lease expired and they won't leave. Which do I use?
Eviction (Ch. 83). When a tenant holds over after a lease expires, the landlord-tenant relationship continues as a month-to-month tenancy under Florida law. Serve a 15-Day Notice to Terminate the month-to-month tenancy under Fla. Stat. § 83.57, then file an eviction if they don't leave. This is a standard holdover eviction, not an unlawful detainer.
What is ejectment and when does it apply in Florida?
Ejectment (Fla. Stat. Ch. 66) is for situations where the occupant claims a legal interest in the property — such as a co-owner, someone who claims title under a deed, or someone with a recorded lien. Unlike eviction and unlawful detainer (which are filed in county court), ejectment is filed in Florida circuit court and can take 60–120+ days to resolve because it involves determining property rights, not just possession.
How long does unlawful detainer take in Florida?
A typical uncontested unlawful detainer in Miami-Dade County takes 3–6 weeks from filing to writ of possession. The process: file the complaint, Sheriff serves process, occupant has 5 days to respond, if no response a default judgment is entered, then the court issues a writ of possession and the Sheriff performs the lockout. Contested cases can take 45–90 days.
Can I file unlawful detainer myself in Florida, or do I need an attorney?
Individual property owners (natural persons) can self-represent in unlawful detainer proceedings in Florida county court. LLCs, corporations, and other legal entities must be represented by a licensed Florida attorney under Fla. R. Civ. P. 1.040 — this rule applies to both eviction and unlawful detainer.
Have a tenant — not a guest — who needs to go?
Generate a statute-compliant 3-Day, 7-Day, or 15-Day Notice in 90 seconds, then connect with a Miami-Dade specialist to handle the court filing.
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