Florida actually has three distinct legal processes for removing someone from your property, and using the wrong one is one of the most common reasons cases get delayed or dismissed. Here's how to tell which applies to you.
| Process | When It Applies | Governing Law | Where Filed |
|---|---|---|---|
| Eviction | A landlord-tenant relationship exists — rent was owed or agreed to, verbally or in writing | Chapter 83 | County Court |
| Unlawful Detainer | The person was once given permission to be there, but no rent was ever paid or agreed to (family member, ex-partner, friend, former guest) | Chapter 82 | County Court |
| Ejectment | The occupant claims actual ownership or title to the property — for example, produces a deed or asserts an adverse possession claim | Chapter 66 | Circuit Court |
Ejectment is a genuinely different kind of case — it's a dispute over who actually owns the property, not just who has the right to occupy it. Because it involves an actual title dispute, Ejectment is filed in Circuit Court rather than County Court, and generally involves a more complex legal process than either Eviction or Unlawful Detainer.
Ask these questions in order:
For Unlawful Detainer cases specifically, if a process server can't personally serve the occupant on the first attempt, Florida law requires them to wait at least 6 hours before making a second attempt. Only after two failed attempts can the summons legally be posted on the property instead of hand-delivered.
Request a Callback →Your Solution Partner prepares Unlawful Detainer filings specifically — if your situation involves an actual ownership dispute (Ejectment), that's a matter better suited for an attorney given the complexity involved.