What is an unlawful detainer?


Unlawful Detainer is a county court lawsuit, filed pursuant to Florida Statute Chapter 82, to request that another person be ordered to leave your property. ... If there is an agreement to pay rent, verbal or in writing, you should consider filing an eviction case.


Chris: I was presented with an illegal detainer and I answered it within the five days. I went to the hearing and the judge just went off on me because she says I was late and I was there half an hour early. She just gave me till-- I've got to be out by tomorrow.

Attorney Tom Olsen: Okay. Chris, I want to talk about a detainer. Is it like an eviction? Is somebody asking you to leave a place?

Chris: Yes.

Attorney Tom Olsen: They gave you the proper notice, they filed the lawsuit, they served you with the lawsuit. Now it's time for a hearing. The judge says, "You lose, you've got 24 hours to move out." Okay. What can I do for you, Chris?

Chris: I thought I'd be able to get a little bit more time.

Attorney Tom Olsen: Chris, in an eviction or a detainer action, by the time you get to the hearing, if you've not moved out yet, you're in trouble, because, as you know, the court now gives a writ of possession that gives you 24 hours to get out of there. The sheriff is going to come back 24 hours later, stand by and keep the peace while, if you haven't moved out, somebody puts your stuff out on the curb and the locks or chains. Chris, just out of curiosity, who are you living with? A relative?

Chris: Just somebody from the neighborhood.

Attorney Tom Olsen: Okay. You were living with a friend and they had had it with you. Chris, it is over for you. Do not delay, get your stuff out of there, otherwise, it's going out on the curb. Good luck to you.