Landlord Question and Answer Forum

i am looking for information on the ejection process in seminole county florida. maybe this not the right forum, but here it goes. situation is a family member that has moved in and refuses to move out. since no rental agreement the court has directed to ejection process instead of eviction. has 20 days to respond or day 21 gets 24 hr notice. if the person disputes it is there reasons that the court will not grant ejection? thanks in advance

Oscar, I have never dealt with an "ejection". You may want to do a little research or consult an attorney. I often google items to see if there is any helpful info. Good Luck.

Posted by karen s, WI on Thursday, September 20, 2012

Ejection is a more complicated lawsuit than eviction. It’s a completely different action than an eviction……I believe this is what happens when the time has expired. The Sheriff posts the Notice of Removal on the door. The Notice of Removal gives occupant(s) 24 hours notice to vacate and remove their personal property. After 24 hours (which may mean the following day to several days) the Sheriff returns to perform the physical removal. The Sheriff generally remains on the property during the removal for about 15 minutes. If the occupant(s) attempts to return after the removal, the occupant(s) should be considered a trespasser, and the police can be contacted…..Note: The Sheriff’s responsibility is to perform the removal of any occupant(s) and to keep the peace. You must have access to the property, either with a spare key or with a locksmith, and have people with you to remove the occupants’ personal property in the property to the property line. Keep us posted as to what happens. . -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

Posted by Bob R, CA on Thursday, September 20, 2012

thanks for the responses. yes defendant has 20 days to reply in writting and provide copy to property owner. then court date will be set. if not disputed 24 hr notice is giving. besides claim to the property(in this case no) is there any defense? from what ive read only if improvements to the property. what my elderly mother has going on is that a dead beat grandson and pregnant girl friend temporalily needed a place to stay, after 3 years refuses to leave. since there is no lease ejection is the way to get them out. from what i understand they will be trying to fight this in court but seems the only way for them to prolong leaving. i am trying to help my mom through this and just trying to figure if a judge will not grant it and what grounds. thanks for the info. i will keep posting my findings. not much info on ejection out on internet. maybe this will help others in the future.

Posted by oscar m, FL on Saturday, September 22, 2012