How To Prove A Florida Forcible Entry and Detainer Claim

 

 

In Florida, a claim of Forcible Entry and Detainer is defined as:

Forcible Entry and Detainer is a summary proceeding to recover possession of premises forcibly or unlawfully detained. The inquiry in such cases does not involve title but is confined to the actual and peaceable possession of the plaintiff and the unlawful or forcible ouster or detention by defendant.

It simply means:

Legal action is brought to remove a person and their belongings from the property of someone else.

There are 4 elements of the claim:

• Element 1. The plaintiff was in peaceful possession of real property. The plaintiff was living on or using a piece of property without any trouble or conflict, meaning they had a right to be there peacefully before someone tried to force them out.
  

  Facts that might support this element look like:

  * The plaintiff has resided on the property continuously for over five years without any disputes regarding their occupancy.
  * The plaintiff has paid all property taxes and utility bills associated with the property in a timely manner.
  * Neighbors have consistently recognized the plaintiff as the rightful occupant of the property, with no objections raised.
  * The plaintiff has made significant improvements to the property, demonstrating their intention to maintain and care for it.
  * There have been no prior legal actions or eviction notices served against the plaintiff regarding their possession of the property.

• Element 2. The defendant took and retained such possession from the plaintiff. The defendant unlawfully took and kept control of the property that rightfully belongs to the plaintiff, which is a key part of proving a claim for forcibly entering and staying on someone else’s property.
  

  Facts that might support this element look like:

  * The defendant entered the property without the plaintiff’s consent after the lease agreement had expired.
  * The defendant changed the locks on the property, preventing the plaintiff from accessing their belongings.
  * The defendant refused to return the keys to the plaintiff despite multiple requests for access.
  * The defendant has continued to reside in the property, ignoring the plaintiff’s attempts to regain possession.
  * The defendant has made alterations to the property, indicating an intention to remain there permanently.

• Element 3. The possession was forcible rather than peaceable. The possession was forcible rather than peaceable means that the person took control of the property in a violent or aggressive way, rather than simply moving in or being allowed to stay there peacefully.
  

  Facts that might support this element look like:

  * The defendant forcibly entered the property by breaking down the front door, causing visible damage.
  * Witnesses observed the defendant using physical force to remove the plaintiff from the premises without consent.
  * The defendant threatened the plaintiff with harm if they did not vacate the property immediately.
  * The plaintiff reported that the defendant arrived with a group of individuals who assisted in the forcible removal.
  * Law enforcement was called to the scene due to the violent nature of the eviction attempt.

• Element 4. The possession was either without the consent of a person entitled to possession or occurred after the withdrawal of consent. This means that someone took or kept control of a property without permission from the rightful owner, or they continued to do so even after the owner asked them to leave.
  

  Facts that might support this element look like:

  * The tenant was not present when the landlord entered the property and did not give permission for entry.
  * The landlord previously granted permission for the tenant to occupy the premises but later revoked that consent in writing.
  * The tenant explicitly informed the landlord that they no longer wished to allow access to the property.
  * The landlord changed the locks on the property without notifying the tenant, indicating a lack of consent.
  * The tenant had a verbal agreement with the landlord that was later denied, showing a withdrawal of consent.

^{(See Florida Statutes 82.01. Floro v. Parker, Fla.Ct.App.1967, 205 So.2d 363, 365.)}
If you’re in court without a lawyer and plan to assert a Claim of Forcible Entry and Detainer, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate this complex process effectively.

Prove Your FL Forcible Entry and Detainer Claim

U.S. Civil Cases Only