Describe the relationship accurately
Start with who owns the property, how the occupant entered, whether there was an agreement for rent, and what right the occupant now claims. Bring deeds, agreements, payment records, and communications. The absence of a written lease alone does not answer every possession question.
Unlawful detainer
Section 82.03 provides a possession remedy for a person entitled to possession against specified forcible entry, unlawful entry, or unlawful detention. It addresses damages and summary procedure and does not require presuit notification under that section. Whether the facts belong in Chapter 82 requires a review of the actual relationship.
Ejectment
Section 66.021 addresses superior possession rights through ejectment and places exclusive jurisdiction in circuit court. It includes detailed pleading requirements concerning the chain of title and a procedure for testing legal sufficiency before trial. A dispute involving claimed ownership should be identified early and supported with the actual instruments.
Organize the intake around disputed facts
Tell the firm what is agreed and what is contested. Identify any asserted ownership, purchase agreement, inheritance, or tenancy. Provide existing pleadings if litigation has already started. The purpose is to choose and support the appropriate claim, rather than forcing every occupant dispute into an eviction template.
Prepare for your conversation
Sources & further reading
Section 82.03, Florida Statutes ↗Section 66.021, 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.
