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Law Office of Roland D. Waller - Probate and Real Estate Attorney - New Port Richey, Florida

Law Office of Roland D. Waller - Probate and Real Estate Attorney - New Port Richey, Florida

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Law Office of Roland D. Waller
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New Port Richey, Florida 34652

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Monday, 13 July 2020 / Published in Real Estate, Videos

How Do I Obtain a Detainer Warrant?

Video Summary

Do I obtain a detainer warrant? Under Florida law is called an unlawful detainer action. And this is an action that you bring. Whenever you have someone that’s staying in your property, such as a guest or a relative or whatever, and they don’t pay rent. They’re not a tenant and you want them to leave and they’re not leaving. And so ,what you do is you give them notice that you’re withdrawing your consent for them to stay there. And then if they still don’t leave, which usually is the case, then you can file in Florida. And I actually called an unlawful detainer action and say that we withdrawn my consent for you to stay on my property. And I want you to leave. There are precious few defenses of that primarily as if they have some ownership interest in the property. Well, you can’t remove them. Cause as an owner, they’re entitled to stay there, but otherwise you should be entitled to a judgment of possession. And then once the, of possessions entered, the clerk is directed to issue a writ of possession. And then the sheriff goes out and gives notice. And if they don’t leave, then the sheriff will then remove them. So the detainer warrant is not a term that I’m familiar with the unlawful detainer action, as I’ve described it as what we have in Florida, an order to remove persons from property whenever they are no longer, they’re not tenants. If you have any questions about unlawful detainer, my phone number is (727) 847-2288.

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