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1. Plaintiff was in possession of real property;
2. Plaintiff was ousted of actual possession of the property; and
3. Defendant withheld possession of the property from Plaintiff without their consent.

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1. Plaintiff was in possession of real property;
2. Plaintiff was ousted of actual possession of the property; and
3. Defendant withheld possession of the property from Plaintiff without their consent.

Florida Athletic & Health Club v. Royce, 33 So. 2d 222, 224 (Fla. 1948); Fla. Stat. Ch. 82.

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FLORIDA STATE COURTS

Supreme Court: Florida Athletic & Health Club v. Royce, 33 So. 2d 222, 224 (Fla. 1948).

Second District: Floro v. Parker, 205 So. 2d 363, 367–68 (Fla. 2d DCA 1967).

Fourth District: CSC Serviceworks, Inc. v. Boca Bayou Condo. Ass’n, 240 So. 3d 12, 14 (Fla. 4th DCA 2018).

FLORIDA FEDERAL COURTS

Southern District: Estate 8, LLC v. Carrington Mortg. Servs. LLC, 2021 WL 3934171, at *2 (S.D. Fla. Apr. 15, 2021).

Middle District: Loomis v. Gulf Oil Corp., 567 F. Supp. 591, 598 (M.D. Fla. 1983).

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2 Defenses to Claim for Forcible Entry and Detention

(1) Fla. R. Civ. P. 1.110(d) (pleading affirmative defenses), and other standard defenses. See § 1.

(2) Statute of Limitations: §95.11(3), Fla. Stat. (four years).

(3) The person entitled to possession is not required to notify the prospective defendant before filing the action. §82.03(1).

(4) If the court finds that the entry or detention by the defendant is willful and knowingly wrongful, the court must award the plaintiff damages equal to double the reasonable rental value of the real property from the beginning of the forcible entry, unlawful entry, or unlawful detention until possession is delivered to the plaintiff. The plaintiff may also recover other damages, including, but not limited to, damages for waste. §82.03(2).

(5) Actions for possession and damages may be bifurcated. §82.03(3); Estate 8, LLC v. Carrington Mortg. Servs. LLC, 2021 WL 3934171, at *2 (S.D. Fla. Apr. 15, 2021).

(6) All actions under this chapter must be brought by summary procedure as provided in Section 51.011, Fla. Stat., and the court shall advance the cause on the calendar. §82.03(4); e.g., Crocker v. Diland Corp., 593 So. 2d 1096, 1098 (Fla. 5th DCA 1992).

(7) It is immaterial whether plaintiff had the legal right of possession to the subject property when ousted; “[s]o long as [plaintiff] had peaceful prior possession and had been forcibly put out of that possession by defendant, the action would lie.” Floro v. Parker, 205 So. 2d 363, 366 (Fla. 2d DCA 1967).

(8) “Unlawful entry” is applicable where the entry is without force but without due process of law and without the consent of the party in possession, and “forcible entry” is applicable where the entry is accompanied by force or with a multitude of people. Fla. Athletic & Health Club v. Royce, 33 So. 2d 222, 225 (Fla. 1948).

(9) An unlawful detainer action in Florida concerns only the right of possession and any damages, not questions of title. E.g., CSC Serviceworks, Inc. v. Boca Bayou Condo. Ass’n, 240 So. 3d 12, 14 (Fla. 4th DCA 2018).

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