Where do I file my Florida Eviction Action? If you have Florida Tenant that needs to be evicted and you have already delivered proper notice, you need to know where to file your action, so you are before the proper court that will hear the proceeding. Accordingly, we have outlined the important statutes below:
§82.42 – Exclusion from County Court Jurisdiction
Residential eviction does not apply to
(2) Occupancy under a contract of sale of a dwelling unit. . . [where] the buyer has paid at least 12 months’ rent or. . . at least 1 month’s rent and a deposit of at least 5 percent of the purchase price of the property.
§34.011 – Jurisdiction in landlord and tenant cases.—
(1) The County Court shall have jurisdiction concurrent with the circuit court to consider landlord and tenant cases. . .
(2) The County Court shall have exclusive jurisdiction of proceedings relating to the right of possession of real property and to the forcible or unlawful detention of lands and tenements. . .
§26.012 – Jurisdiction of circuit court.—
(2) Circuit Courts shall have exclusive original jurisdiction: . . .
(f) In actions of ejectment; and
(g) In all actions involving the title and boundaries of real property.
In essence, most Florida Eviction actions for possession originate in the County Court. Have a Landlord/Tenant dispute? The Eviction Lawyers at the Law Office of Ryan S. Shipp, PLLC are here to assist. We are located at 814 W. Lantana Rd. Suite 1, Lantana, Florida 33462. Call us today @ 561.699.0399.
