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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6324
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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I purchased a house that was occupied and started eviction

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I purchased a house that was occupied and started eviction procedures as soon as the warranty deed was issued. The judge rejected the eviction as being the incorrect legal procedure because they had no rental contract. What is the correct ejection procedure and how do I obtain the proper forms for an Okeechobee, FL Court?
Hello and thank you for your question. The people in the home are not renters or the former owners?
Customer: replied 3 years ago.

The former owner moved to AZ then the couple moved in pretending to be legal renters. The former owner never met the couple but they presented themselves to me as renting tenants of the former owner. What are the forms and procedures required to have these people rejected from the property?

Thank you for the clarification.

This is under Florida Statutes Chapter 82 Forcible Entry and Unlawful Detainer. http://www.flsenate.gov/Laws/Statutes/2011/Chapter82/All

The action to remove the person(s) is a summary procedure. The remedies created under Chapter 82 are for monetary damages and right of possession.

You will file a complaint for Unlawful Detainer.

 

Let me see if I can find some forms that would be helpful.

Attyadvisor and 2 other Real Estate Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you. The unlawful entry may be hard to prove if it relates to forced entry. I would appreciate any type of working forms that will help guide me with the correct approach and words. In the interim, I will pull up Fl chapter 82.. Many thanks!

Unfortunately there are no forms available through the Florida Courts on line.

If you contact the clerk of the court they may have forms available at the courthouse.


That being said perhaps this could be accomplished through an ejectment.
Customer: replied 3 years ago.
Relist: Other.
It appears that the answer identified FL Chapter 82 but 82.04(2) specifically exempts a residential which is the subject of the original question. Am I reading the exemption correctly?
You can handle this through an ejectment.

Sample

http://www.flaglerclerk.com/pdf/EjectmentPacket.pdf
Customer: replied 3 years ago.

I have reviewed all of the information you suggested and feel confident that I now possess the basic data and information needed to initiate the correct course of action.

Great. Let me know what happens.
Customer: replied 3 years ago.

Thanks again; The information provided by JA2 was exactly what I needed. All the required forms have now been filed so I just need to await the courts response. Excellent support. If I need you again, I will initiate the contact. VTU David W.

You are welcome.