Unlawful Detainer
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Unlawful Detainer Attorneys
At Bonardi & Uzdavinis, Attorneys-at-Law, we help clients throughout Tampa and surrounding areas take legal steps to protect their rights and remove unwanted occupants. In situations such as these, the appropriate legal instrument is an unlawful detainer. And our seasoned firm can assist you through the process.
It’s a situation more common than most people realize: you open your home or property to a friend, family member, or partner—and everything goes fine until it doesn’t. You ask them to leave, and they refuse. You’re likely wondering: What are my legal rights? How do I remove someone who won’t leave when they don’t have a lease or any claim to the property?
Protecting Your Rights When Someone Refuses to Leave Your Property
If a person refuses to leave your property and has no legal basis to remain, call us at 813-540-2019 to arrange a consultation.
What Is an Unlawful Detainer Action in Florida?
An unlawful detainer is a civil lawsuit employed when someone is on your land without a lease, rental contract, or other legal right—and won’t vacate. This differs from an eviction (for tenants) or an ejectment (for those claiming ownership or permanent rights).
Suppose that you allow your cousin to move into your residence temporarily. There’s no written agreement—just a verbal understanding. After a few weeks, you ask him to leave, but he doesn’t. Calling the police won’t usually help, as this is a civil legal matter, not a criminal one. In this situation, filing an unlawful detainer action through the court is the only lawful way to get them out.
You don’t have to own the property to file. If you are the lawful tenant under a lease, you also have the right to file an unlawful detainer.
Unlawful Detainer vs. Eviction vs. Ejectment
It’s easy to mix up these legal measures, but they all have a different purpose in Florida law:
Unlawful Detainer
- Applied when a person is residing on a property with no lease or right to remain, e.g., a squatter, friend, or ex-boyfriend/girlfriend.
Eviction
- Applied when a landlord wishes to evict a tenant with a lease (residential or business), normally for nonpayment of rent or other lease infractions.
Ejectment
- Applied when a person asserts a right to possession of the property—such as a previous owner after a foreclosure or someone who asserts a verbal contract to live there forever.
Unlawful detainer applies only if the individual has no lease or legal right and you must have a court order to evict.
Common Scenarios Requiring an Unlawful Detainer
At Bonardi & Uzdavinis, we handle a wide range of unlawful detainer cases, including:
- A former romantic partner who refuses to leave after a breakup
- A family member who was allowed to stay temporarily and now won’t go
- A friend who was crashing on the couch but now won’t move out
- A squatter who entered a vacant property and won’t vacate
These cases can be emotionally charged, especially when family or personal relationships are involved. We provide clear legal guidance while remaining sensitive to your situation.
How to File an Unlawful Detainer in Florida
Although an attorney is not required to file an unlawful detainer action, the process can be complex and highly procedural. Here’s what’s typically involved:
- Issue a written demand for the person to vacate. A 3-day notice is common.
- File a Complaint for Unlawful Detainer and a Summons with the Clerk of Court in the county where the property is located.
- Serve the documents to the individual via the sheriff’s office or a certified process server.
- If the person:
- Leaves voluntarily: You can dismiss the case.
- Responds in court: A hearing may be required.
- Doesn’t respond: You can request a default judgment and final order.
- Attend a court hearing, if necessary, and present evidence proving the individual has no legal right to stay.
If the court grants the judgment in your favor, the sheriff’s office can then physically remove the person from the property.
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Why Legal Representation Matters
You can represent yourself in an unlawful detainer case. However, a lawyer significantly improves your chances of success. Here’s why:
At Bonardi & Uzdavinis, we know how infuriating and emotionally exhausting it is to have someone in your house or property who won’t leave. Our mission is to end your situation quickly and legally. This way, you can reclaim peace of mind and complete authority over your property.
- We ensure that all procedural steps are followed correctly—missing one can delay your case.
- We help gather and organize legally admissible evidence to support your claim.
- We prepare for and represent you in any court hearings, ensuring your rights are protected.
- We respond swiftly if the individual tries to delay the case or claim legal residency rights.
We're Here to Help You Regain Control
If you’re faced with a trespasser who refuses to vacate, call us. Florida statutes bar self-help measures such as rekeying the locks or cutting off utilities. Rather, consult Bonardi & Uzdavinis, Attorneys-at-Law for legal action.
We serve clients around the Tampa Bay region, from Hillsborough and Pinellas counties to Pasco and adjacent counties. We’re dedicated to providing strategic solutions that shield your property rights and reduce delays.
Call us at 813-540-2019 or submit our online form to arrange a confidential consultation.
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