Possession obsession. Understand the occupancy.
An occupant may have entered with permission and later refuse to leave. Other disputes involve entry without permission. Tell the firm how the occupancy began, what the parties agreed, whether rent was paid, and what right the occupant now asserts. No written lease does not automatically establish that unlawful detainer is the correct action.
The Chapter 82 framework
Chapter 82 defines unlawful detention to include possession without the consent of a person entitled to possession or after that consent is withdrawn. Section 82.02 excludes residential tenancies under Chapter 83, Part II, and possession under Chapters 513 and 723. Section 82.03 provides possession and damages remedies and requires summary procedure under section 51.011.
Focus the dispute on possession
Section 82.04 focuses the proceeding on possession and damages. Title may be determined only when necessary to determine possession or the record titleholder. Identify any claimed ownership early so the firm can evaluate how it affects the appropriate action.
Build a clear occupancy history
Preserve the initial permission, any later withdrawal, communications requesting departure, and the occupant’s responses. Include payment records and agreements even if you do not consider them rent or a lease. Give counsel the complete story, including facts that could support a different characterization of the relationship.
Plan for the judgment and writ
Section 82.091 provides for a writ of possession to be executed without delay following a plaintiff’s judgment. Review the actual order and enforcement process with the firm. Personal property, access arrangements, and the expected turnover should be addressed as part of that planning, rather than assuming every possession remedy uses the same procedure.
Prepare for your conversation
Sources & further reading
Chapter 82, Florida Statutes ↗Source links checked during preparation on November 4, 2026. Statutes, lease terms, court orders, and the facts of a particular matter must be reviewed together.
