All guides

Real Estate

Eviction, ejectment, or unlawful detainer?

All three remove someone from a property, but which one applies depends on your relationship with the person. Filing the wrong one costs time.

Eviction

County court

Use it when the person has an agreement with you to pay rent, whether that agreement was written down or only spoken.

Example. A tenant pays you $800 a month. They stop paying, and you serve written notice to pay within three days or move out.

Goes to circuit court instead if the lease is non-residential and you are seeking more than $50,000 in damages.

Unlawful detainer

County court

Use it when the person has no agreement to pay rent, no permission to stay, and makes no claim to own the property.

Example. You let a relative or a former partner stay in your home. You have asked them to leave and they will not go.

Goes to circuit court instead if you are seeking more than $50,000 in damages.

Ejectment

Circuit court

Use it when you own the property and the other person claims that they own it. This one is about title, not rent.

Example. You buy a property and record your deed. The former owner then sells it again to someone else, who moves in and insists the property is theirs.

Title disputes belong in circuit court regardless of the amount claimed.

Evictions are governed by chapter 83, unlawful detainer by chapter 82, and ejectment by chapter 66 of the Florida Statutes. The $50,000 county court limit comes from section 34.01(1)(c) and applies to actions filed on or after January 1, 2023, so older reference sheets still cite $30,000.

This is a quick reference, not legal advice, and it does not cover every situation. If you are not sure which one fits, ask before you file.

Ready to talk? Let’s find a way forward.

Reach out today and take the first step toward peace of mind.