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The document outlines the process for landlords to evict tenants through an unlawful detainer action. It details the necessary notices, forms, and procedures required if a tenant does not comply with eviction notices. Key steps include filing an unlawful detainer, serving the tenant, responding to court filings, and potentially reaching an agreement before trial. If successful in court, landlords can regain possession of their property with the assistance of law enforcement.

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What is the difference between eviction notice and unlawful detainer?

In Florida, evictions stay on court records permanently and on credit reports for seven years, seriously hindering a persons ability to find new housing and negatively affecting their credit.

How long does an unlawful detainer stay on your record in Florida?

Wrongful eviction occurs when a landlord forces a tenant out of the leased property without following legal procedures. For example, wrongful eviction includes changing the locks, shutting off utilities, or removing the tenants belongings without a court order.

What happens when you get an unlawful detainer in Florida?

The primary distinction between unlawful detainers and evictions lies in their legal processes and implications. Unlawful detainers are specific legal actions filed in court after the landlord has provided notice to the tenant, while eviction is a more general term that may encompass various methods of tenant removal.

How does an unlawful detainer work in the state of Florida?

Judgment and eviction in unlawful detainer proceeding If the court finds that the landlord has proved their case, the court will enter a judgment against the tenant for eviction. The court or the landlord then fills out a writ of possession to give to the sheriff or marshal.

How to win an unlawful detainer case?

It is similar to an eviction proceeding except that in an Unlawful Detainer case, there is no landlord/tenant relationship between parties, i.e., there is no agreement to pay rent, either verbal or in writing. If there is an agreement to pay rent, verbal or in writing, you should consider an eviction case.

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