Chapter 82 — Chapter 82
9 sections in this chapter.
Fla. Stat. § 82.01 Definitions
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As used in this chapter, the term:(1) “Forcible entry” means entering into and taking possession of real property with force, in a manner that is not peaceable, easy, or open, even if such entry is authorized by a person entitled to possession of the real property and the possess…
Fla. Stat. § 82.02 Applicability
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(1) This chapter does not apply to residential tenancies under part II of chapter 83.(2) This chapter does not apply to the possession of real property under chapter 513 or chapter 723. (1) This chapter does not apply to residential tenancies under part II of chapter 83. (2) This…
Fla. Stat. § 82.03 Remedies
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(1) A person entitled to possession of real property, including constructive possession by a record titleholder, has a cause of action against a person who obtained possession of that real property by forcible entry, unlawful entry, or unlawful detention and may recover possessio…
Fla. Stat. § 82.035 Remedy for unlawful detention by a transient occupant of residential property; recovery of transient occupant’s personal belongings
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(1) As used in this section, the term “transient occupant” means a person whose residency in real property intended for residential use has occurred for a brief length of time, is not pursuant to a lease, and whose occupancy was intended as transient in nature.(a) Factors that es…
Fla. Stat. § 82.036 Limited alternative remedy to remove unauthorized persons from residential real property
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(1) The Legislature finds that the right to exclude others from entering, and the right to direct others to immediately vacate, residential real property are the most important real property rights. The Legislature further finds that existing remedies regarding unauthorized perso…
Fla. Stat. § 82.04 Questions involved in this proceeding
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The court shall determine only the right of possession and any damages. Unless it is necessary to determine the right of possession or the record titleholder, the court may not determine the question of title.
Fla. Stat. § 82.05 Service of process
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(1) After at least two attempts to obtain service as provided by law, if the defendant cannot be found in the county in which the action is pending and either the defendant does not have a usual place of abode in the county or there is no person 15 years of age or older residing …
Fla. Stat. § 82.091 Judgment and execution
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(1) If the court enters a judgment for the plaintiff, the plaintiff shall recover possession of the real property that he or she is entitled to and damages and costs. The court shall award a writ of possession to be executed without delay and execution for the plaintiff’s damages…
Fla. Stat. § 82.101 Effect of judgment
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No judgment rendered either for the plaintiff or the defendant bars any action of trespass for injury to the real property or ejectment between the same parties respecting the same real property. A judgment is not conclusive as to the facts therein in any future action for trespa…