The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 66
EJECTMENT

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F.S. 66.021

66.021 Ejectment.—

(1) RIGHT OF ACTION.—A person with a superior right to possession of real property may maintain an action of ejectment to recover possession of the property.

(2) JURISDICTION.—Circuit courts have exclusive jurisdiction in an action of ejectment.

(3) NOTICE.—A plaintiff may not be required to provide any presuit notice or presuit demand to a defendant as a condition to maintaining an action under this section.

(4) LANDLORD NOT A DEFENDANT.—When it appears before trial that a defendant in an action of ejectment is in possession as a tenant and that his or her landlord is not a party, the landlord must be made a party before further proceeding unless otherwise ordered by the court.

(5) DEFENSE MAY BE LIMITED.—A defendant in an action of ejectment may limit his or her defense to a part of the property mentioned in the complaint, describing such part with reasonable certainty.

(6) WRIT OF POSSESSION; EXECUTION TO BE JOINT OR SEVERAL.—When plaintiff recovers in an action of ejectment, he or she may have one writ for possession and for damages and costs or, at his or her election, may have separate writs for possession and for damages and costs.

(7) CHAIN OF TITLE.—The complaint and the answer must include a statement setting forth, chronologically, the chain of title upon which the party will rely at trial. Copies of each instrument identified in the statement must be attached to the complaint or answer. The statement must include the names of the grantors and the grantees, the date that each instrument was recorded, and the book and page or the instrument number for each recorded instrument. If a party relies on a claim or right without color of title, the statement must specify how and when the claim originated and the facts on which the claim is based. If defendant and plaintiff claim under a common source, the statement need not deraign title before the common source.

(8) TESTING SUFFICIENCY.—If either party seeks to test the legal sufficiency of any instrument or court proceeding in the chain of title of the opposite party, the party must do so before trial by motion setting up his or her objections with a copy of the instrument or court proceedings attached. The motion must be disposed of before trial. If either party determines that he or she will be unable to maintain his or her claim by reason of the order, that party may so state in the record and final judgment shall be entered for the opposing party.

(9) OPERATION.—This section is cumulative to other existing remedies and may not be construed to limit other remedies that are available under the laws of this state.

History.—s. 21, ch. 67-254; s. 348, ch. 95-147; s. 1, ch. 2018-94.

F.S. 66.021 on Google Scholar

F.S. 66.021 on Casetext

Amendments to 66.021

Arrestable Offenses / Crimes under Fla. Stat. 66.021

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 66.021.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MESNIKOFF, v. FQ BACKYARD TRADING, LLC,, 239 So. 3d 765 (Fla. App. Ct. 2018)

. . . eject the wrongful possessor of real property, Defendant Norman Mesnikoff ... under Florida Statute 66.021 . . . its lack of jurisdiction to adjudicate Backyard Trading's action for ejectment filed under section 66.021 . . . trial court astray by characterizing its complaint as a two-count complaint-(1) ejectment under section 66.021 . . . of the complaint clearly indicates that Backyard Trading pled only one count-ejectment under section 66.021 . . .

PRO- ART DENTAL LAB, INC. v. V- STRATEGIC GROUP, LLC,, 986 So. 2d 1244 (Fla. 2008)

. . . .; § 66.021, Fla. . . . Stat. (2006); see also §§ 66.021 (ejectment), 82.04-05 (unlawful detainer), 83.20-.21(tenant removal . . . See § 66.021(4), Fla. Stat. (2006). . . . (e.g., the ability to obtain possession, damages, and costs through a single cause of action, see § 66.021 . . . Statutes (2006)), and failed to comply with the mandatory requirements for ejectment provided in sections 66.021 . . .

G. COLLIER v. L. PARKER,, 794 So. 2d 616 (Fla. Dist. Ct. App. 2001)

. . . According to the appellants, such an order is an ejectment subject to the procedures outlined in section 66.021 . . .

COHEN, v. G. GINSBERG, N., 715 So. 2d 1113 (Fla. Dist. Ct. App. 1998)

. . . . § 66.021(3), Fla. Stat. (1997) (emphasis supplied). In State ex rel. Raulerson v. . . .

P. P. FISH v. POST OF AMVETS, 560 So. 2d 337 (Fla. Dist. Ct. App. 1990)

. . . Jur.2d Ejectment and Related Remedies, §§ 26, 29; § 66.021(4), Florida Statutes (1987). . . . opponent’s chain of title, accompanied by copies of such instruments, may be filed prior to trial, Section 66.021 . . .

CRIGGER v. FLORIDA POWER CORPORATION,, 436 So. 2d 937 (Fla. Dist. Ct. App. 1983)

. . . denied, 138 So.2d 341 (Fla.1961). .See § 65.061(3), Fla.Stat. (1981) (as to quiet title actions) and § 66.021 . . .