Quick Answers
- What ejectment is: A lawsuit under section 66.021 that lets a person with a superior right to possession recover real property from someone in possession. It is the route when the occupant claims to own the property or a share of it.
- Which court: Circuit court only. County courts do not have jurisdiction over ejectment.
- Notice: No presuit notice or demand is required before filing.
- The key filing: The complaint must include a chronological chain of title with copies of every instrument relied on.
- Speed: Ejectment is a full civil case, not a summary eviction. Expect months, not weeks.
- Court costs: A $400 circuit court filing fee plus $10 per summons, process service, and a sheriff’s fee to execute the writ.
- When not to use it: Tenants are removed by eviction under Chapter 83. Guests and squatters with no ownership claim are usually removed under Chapter 82.
Someone Claims They Own Your Property?
We handle ejectment, unlawful detainer, and squatter removal across Florida.
Most occupants who will not leave fall into a familiar category: a tenant, a guest who overstayed, or a squatter. Florida has fast, purpose built procedures for each of them. Ejectment is for the harder case, where the person in the property says it is theirs: a relative who claims an inherited share, an ex partner who says they were promised half, or someone holding a deed you never signed. Once a real ownership claim is on the table, the faster remedies stop working, and the dispute moves to circuit court under Chapter 66. This page explains when ejectment applies, what the statute requires, how the case moves, and what it costs.
When Ejectment Is the Right Tool, and When It Is Not
Choosing the remedy is the most important decision in a property removal case. Florida law treats each type of occupant differently.
| Who is in the property | Usual remedy | Where it is decided |
|---|---|---|
| Tenant who stopped paying or stayed after the lease ended | Eviction under Chapter 83 | County court |
| Someone you let stay, never a tenant, who refuses to leave | Unlawful detainer under section 82.03 | County court |
| Residential squatter with no claim of right | Sheriff removal under section 82.036, if every condition is met | No lawsuit required |
| Commercial squatter with no claim of right | Sheriff removal under section 82.037 | No lawsuit required |
| Occupant who claims to own the property or an interest in it | Ejectment under section 66.021 | Circuit court |
| Co-owner on title who will not cooperate | Usually partition under Chapter 64 | Circuit court |
The sheriff’s squatter process is built for people with no legal claim to the property. It is not available in several situations, including when the occupant is an immediate family member of the owner or when litigation over the property is already pending. When the occupant produces a deed, a will, a contract, or a credible story about how they came to own the property, ejectment is usually the remedy that holds up.
Common Ejectment Situations in Florida
- Family after a death. A relative living in a parent’s home claims an inherited share or says the house was promised to them.
- Former partners. An unmarried ex partner who is not on title claims they paid toward the house and own part of it.
- Disputed or forged deeds. Someone records a deed the owner never signed, or buys from a person who never owned the property.
- Adverse possession claims. An occupant says they have held the property openly for the statutory period. Florida requires seven years of continuous possession, and a claimant without color of title must also have filed a return with the property appraiser and paid the taxes.
- Boundary encroachments. A neighbor’s structure or fence occupies part of your lot.
- Former owners after a sale. A prior owner remains in possession after a tax deed or foreclosure sale and disputes the new owner’s title.
One caution: some rent to own and agreement for deed arrangements are treated as mortgages under Florida law, which can require foreclosure rather than ejectment. That question should be answered before anything is filed.
What Florida’s Ejectment Statute Requires
Section 66.021 was rewritten in 2018 and sets out the rules for every ejectment action.
| Subsection | What it says | Why it matters |
|---|---|---|
| 66.021(1) Right of action | A person with a superior right to possession may sue to recover it. | You must show your right is better than the occupant’s, not just that you are on title. |
| 66.021(2) Jurisdiction | Circuit courts have exclusive jurisdiction. | A case filed in county court can be dismissed for lack of jurisdiction or transferred to circuit court. |
| 66.021(3) Notice | No presuit notice or demand is required. | You can file without first serving a notice to vacate. |
| 66.021(4) Landlord joined | If the defendant is a tenant, the tenant’s landlord must be made a party. | The person claiming title through the tenant must be in the case. |
| 66.021(6) Writ and damages | The winning plaintiff may get a writ for possession, damages, and costs, together or separately. | You can recover possession and money in the same action. |
| 66.021(7) Chain of title | The complaint and answer must each include a chronological chain of title with copies of every instrument. | This is the core of the case. See the next section. |
| 66.021(8) Testing sufficiency | Challenges to an instrument in the other side’s chain must be raised by motion before trial. | Title disputes can be narrowed or decided early. |
| 66.021(9) Operation | The section is cumulative to other remedies. | Ejectment can be paired with related claims such as quiet title. |
The Chain of Title Statement: Where Ejectment Cases Are Won
Under section 66.021(7), both the plaintiff and the defendant must file a statement setting out, in chronological order, the chain of title each will rely on at trial, with copies of each instrument attached. For each recorded instrument, the statement must list the grantors and grantees, the recording date, and the book and page or instrument number.
The statute also forces the occupant’s claim into the open. A party relying on a claim without color of title, such as a promise, an oral agreement, or adverse possession, must state how and when the claim began and the facts it rests on. In practice, this is often where weak ownership claims fall apart, because a story that sounded persuasive in the driveway has to be put in writing, under the court’s rules, with dates.
How an Ejectment Case Moves Through Court
- Title review. Pull the full chain of title and identify every document the occupant is likely to rely on.
- Lis pendens. Record a notice of lis pendens so anyone dealing with the property during the case is on notice of the lawsuit.
- File the complaint. File in circuit court in the county where the property sits, with the chain of title statement and instrument copies attached.
- Serve the occupant. Every defendant is served with a summons and the complaint.
- Response. The defendant generally has 20 days to answer and must file their own chain of title statement.
- Title motions. Either side can challenge the other’s instruments before trial.
- Discovery and summary judgment. Many cases are resolved on the documents once the title facts are clear.
- Trial if needed. Disputed facts about the occupant’s claim are tried.
- Judgment and writ. The court enters final judgment and the clerk issues a writ of possession.
- Sheriff executes the writ. The sheriff restores possession to the owner.
Ejectment does not use the summary procedure that speeds up evictions and unlawful detainer cases. In Pro-Art Dental Lab v. V-Strategic Group, the Florida Supreme Court explained that ejectment, unlawful detainer, and unlawful entry are distinct remedies with distinct procedures, and that ejectment belongs in circuit court.
How Long Ejectment Takes
No statute sets a deadline for ejectment the way Chapter 83 compresses an eviction. An uncontested residential eviction usually takes about 4 to 5 weeks, and unlawful detainer about 4 to 8 weeks. An ejectment case where the occupant defaults can sometimes be resolved in a few months. A contested case with a genuine title dispute can take a year or more, depending on the county’s docket and how hard the occupant fights.
The most expensive mistake in these cases is filing the wrong action. An owner who files unlawful detainer in county court against someone claiming title can lose months when the case is dismissed and has to start over in circuit court.
The second mistake is filing before the title file is built. Because the chain of title statement is mandatory and the occupant must explain their claim in writing, the owner who walks in with a complete, documented chain of title controls the case from the first filing.
What It Costs
| Cost | Amount | Notes |
|---|---|---|
| Circuit court filing fee | $400 | Standard circuit civil filing fee. |
| Summons | $10 per summons | One for each defendant. |
| Service of process | Varies | Sheriff or certified process server. |
| Lis pendens recording | County recording fees | Recorded in the county’s official records. |
| Sheriff’s writ of possession | $90 in most counties, $115 in Miami-Dade | Paid when the writ is executed. |
| Attorney fees | Quoted case by case | Driven mainly by whether the occupant contests title. |
Dealing with an occupant who claims the property is theirs?
Kelley, Grant & Tanis has handled more than 40,000 eviction cases across Florida and handles ejectment, unlawful detainer, and squatter removal statewide. Call 1 (877) 871-8300 or contact the firm. Related reading: unlawful detainer in Florida, Florida squatter rights and removal, and removing squatters from commercial property.
Frequently Asked Questions
What is the difference between ejectment and eviction in Florida?
Eviction under Chapter 83 removes a tenant who had a rental agreement, and it moves quickly in county court. Ejectment under section 66.021 recovers property from someone who claims to own it or have a right to it, and it is a full civil case in circuit court.
What is the difference between ejectment and unlawful detainer?
Unlawful detainer removes someone who came in with permission and stayed without a right to be there, and it is heard in county court on a faster track. Ejectment is used when the occupant claims an ownership interest, which county courts cannot decide.
Which court handles ejectment in Florida?
Circuit courts have exclusive jurisdiction over ejectment under section 66.021(2). A case filed in county court can be dismissed and refiled, which costs time.
Do I have to give the occupant notice before filing an ejectment action?
No. Section 66.021(3) says a plaintiff may not be required to give presuit notice or make a presuit demand. The occupant learns of the case when served with the summons and complaint.
How long does an ejectment case take in Florida?
There is no fixed statutory timeline. A case where the occupant defaults can be resolved in a few months, while a contested title dispute can take a year or more.
Can the sheriff remove someone who claims to own the property without a court case?
Generally no. The sheriff’s squatter removal process under section 82.036 is designed for occupants with no legal claim, and it is not available when the occupant is an immediate family member of the owner or when litigation over the property is pending. Disputes over ownership are decided by a court.
Can I recover money damages in an ejectment action?
Yes. Under section 66.021(6), a successful plaintiff can obtain a writ for possession and for damages and costs, together or separately. Damages typically cover the period the occupant wrongfully held the property.
What if the occupant claims adverse possession?
Florida adverse possession requires seven years of continuous possession, and a claimant without color of title must also have filed a return with the property appraiser and paid the property taxes. In ejectment, the occupant must state how and when that claim began, and many claims fail on those requirements.
Can I change the locks on someone who claims to own my property?
You should not. Self help against an occupant asserting a legal claim can expose an owner to liability and usually makes the case harder. Law enforcement typically treats an ownership dispute as a civil matter for the courts.
Can I file ejectment against a co-owner?
Usually not as a first step. Co-owners generally each have a right to possess the whole property, so disputes between them are typically resolved through a partition action under Chapter 64.
Confused about title insurance costs or who typically pays?
Call Kelley, Grant, & Tanis, P.A. at 1-877-871-8300 to make sure your contract protects your position.
How to Negotiate Title Insurance Costs in Competitive Markets
In a buyer’s market, sellers may agree to pay title insurance to encourage offers. In a seller’s market, buyers may offer to absorb the cost to strengthen their bid. The party with stronger leverage—based on supply, demand, or contingencies—usually dictates who pays. Your real estate attorney or agent can help structure the offer to reflect your goals. Clarity up front prevents issues later.
Strategies for negotiation:
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Use local custom as a starting point, not a rule
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Be flexible if other terms of the deal benefit you
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Ask for seller concessions if paying full price
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Consider title company fees as part of total cost
How Much Is Title Insurance in Florida?
Florida title insurance premiums follow a promulgated rate set by the state, meaning pricing is standardized across providers. The rate decreases as the property value increases, which helps buyers of higher-value homes manage costs. While the insurance premium itself is fixed, ancillary title fees are not. These include endorsements, title search charges, and document prep fees. Those can vary significantly between providers.
Typical rates:
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$5.75 per $1,000 up to $100,000
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$5.00 per $1,000 from $100,000 to $1 million
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Discounts may apply for simultaneous lender policies
Can the Buyer and Seller Split the Title Insurance Cost?
Yes, buyers and sellers can agree to share the title insurance cost if both parties are open to compromise. This is more likely when both sides are motivated to close quickly and reduce friction. In some cases, each party pays for a portion of the coverage or agrees to cover different aspects of the closing costs. Sharing expenses helps facilitate deals when neither party wants to shoulder the full burden. However, both sides must agree in writing.
Ways to split include:
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Buyer pays the premium, seller pays ancillary fees
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50/50 division of total cost
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Seller pays up to a set dollar amount
Should You Have a Real Estate Attorney Review the Title Insurance Clause?
Yes, a Florida real estate attorney can help ensure that the title insurance clause is written clearly and favors your interests. They can also identify risks in the contract that non-lawyers may overlook. This is especially helpful in transactions involving vacant land, probate property, or commercial real estate. Attorneys also coordinate with title companies and can spot fee inflation or inappropriate charges. Their involvement often helps prevent disputes and closing delays.
Legal review helps:
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Avoid payment confusion at closing
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Confirm your right to select a title provider
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Flag potential red flags early
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Protect your financial interests during negotiations
At Kelley, Grant, & Tanis, P.A., we help buyers and sellers navigate contract terms with confidence.
Call 1-877-871-8300 to discuss your transaction.
Buyer or Seller Paying for Title Insurance FAQs
Who usually pays for title insurance in Florida real estate deals?
It depends on the county and the terms negotiated in the purchase agreement. In some counties like Miami-Dade, buyers typically pay, while in others like Palm Beach, sellers often cover it. The FAR/BAR contract allows the parties to assign responsibility as they see fit.
Can title insurance costs be split between buyer and seller?
Yes, buyers and sellers can agree to divide the cost of title insurance or split different closing-related fees. This arrangement must be clearly stated in the contract. It’s more common when both parties are looking to close quickly or share expenses.
Why does the county affect who pays for title insurance?
Local customs influence expectations during contract negotiations. For example, sellers usually pay in Palm Beach County, while buyers are expected to pay in Miami-Dade. These norms simplify transactions but are always negotiable.
What if the contract doesn’t say who pays for title insurance?
If the contract doesn’t specify, it may lead to last-minute disputes or closing delays. That’s why agents and attorneys clarify this early in the process. The FAR/BAR contract includes checkboxes for assigning this responsibility.
Who picks the title company in a Florida home sale?
Typically, the party who pays for the title insurance chooses the title company. This decision affects both the cost and timing of the transaction. It’s important to consider both factors when negotiating.
Are there benefits to the buyer choosing the title company?
Yes, buyers can select a title company they trust and potentially reduce third-party fees. However, they must usually agree to cover the owner’s policy. This tradeoff is often worth it for buyers who want more control.
Is title insurance pricing the same everywhere in Florida?
Title insurance premiums are regulated by the state, so the base rate is consistent statewide. However, other fees—like title searches and endorsements—can vary by provider. Comparing quotes for total cost is still worthwhile.
Should sellers agree to pay title insurance in a hot market?
In a strong seller’s market, they may not need to offer that concession. But in a slower market, covering the title policy could help attract buyers. Sellers should weigh this against other financial terms.
Do you need a lawyer to negotiate title insurance terms?
While not required, having a Florida real estate attorney ensures the contract protects your interests. They review closing costs, clarify payment responsibilities, and flag unusual clauses. Legal support helps prevent surprises at the closing table.