Helping Property Owners Regain Possession LawfullyWhen someone stays in your property after permission has ended — often a former partner, family member, or guest — you may need to file an unlawful detainer action to regain possession.
At Carolyn N. Budnik, PLLC, I represent property owners and homeowners in these sensitive and time-critical cases throughout Gainesville and North Central Florida.
What if the occupant is a relative or former partner?
Unlawful detainer is often the correct legal remedy for domestic or family-related holdovers — someone who once had permission but no longer does. These situations can be emotional, and I focus on resolving them with professionalism and discretion.
What is an unlawful detainer in Florida?
An unlawful detainer case is a court action used when a person occupies your property without a lease or legal right to stay and refuses to leave after being asked. This is not a landlord–tenant eviction — it’s for situations where the occupant never paid rent or had a rental agreement.
What if the occupant is a relative or former partner?
Unlawful detainer is often the correct legal remedy for domestic or family-related holdovers — someone who once had permission but no longer does. These situations can be emotional, and I focus on resolving them with professionalism and discretion.
What’s the difference between unlawful detainer, eviction, and ejectment?
Unlawful detainer – The person had permission to stay but no lease (e.g., family member, former partner, or friend).
Eviction – There’s a landlord-tenant relationship with rent involved.
Ejectment – There’s a dispute over ownership or title to the property.
If you’re not sure which applies to your situation, my office can help you determine the right legal action before filing.
Do I need to give notice before filing an unlawful detainer case?
No. You do not have to give written notice to vacate pursuant to Florida law; however, I counsel my clients to do so before filing the case. Since there is no specific legal requirement, I can prepare your notice to support your overall case strategy.
How long does an unlawful detainer case take?
In most counties, including Alachua, Marion, and Levy, an uncontested case may be completed within a few weeks. If the occupant contests the case, the timeline can vary depending on court availability and any defenses raised.
Can I change the locks or shut off utilities?
No. “Self-help” actions like these can expose you to liability. Always wait for the sheriff’s writ of possession before retaking control of your property.
Need help with an unlawful detainer case in Gainesville or North Central Florida?
If a former partner, relative, or other person refuses to leave your property, you have legal options. Contact Carolyn N. Budnik, PLLC for experienced guidance and representation.