Title VI CIVIL PRACTICE AND PROCEDURE
CHAPTER 82
FORCIBLE ENTRY AND UNLAWFUL DETAINER
"Unlawful entry and forcible entry" defined:
No person shall enter into any lands or tenements except when entry
is given by law, nor shall any person, when entry is given by
law, enter with strong hand or with multitude of people, but only in
a peaceable, easy and open manner. Title VI, Ch. 82, Sec.
82.01
"Unlawful entry and unlawful detention" defined:
(1) No person who enters without consent in a peaceable,
easy and open manner into any lands or tenements shall hold them
afterwards against the consent of the party entitled to possession.
(2) This section shall not apply with regard to
residential tenancies. Title VI, Ch. 82, Sec. 82.02
Remedy declared for unlawful entry and forcible entry:
If any person enters or has entered into lands or tenements when
entry is not given by law, or if any person enters or has entered
into any lands or tenements with strong hand or with multitude of
people, even when entry is given by law, the party turned out or
deprived of possession by the unlawful or forcible entry, by
whatever right or title the party held possession, or whatever
estate the party held or claimed in the lands or tenements of which
he or she was so dispossessed, is entitled to the summary procedure
under s. 51.011 within 3 years thereafter. Title VI, Ch. 82,
Sec. 82.03
Remedy declared for unlawful detention:
(1) If any person enters or has entered in a peaceable
manner into any lands or tenements when the entry is lawful and
after the expiration of the person's right continues to hold them
against the consent of the party entitled to possession, the party
so entitled to possession is entitled to the summary procedure under
s. 51.011, at any time within 3 years after the possession has been
withheld from the party against his or her consent.
(2) This section shall not apply with regard to
residential tenancies. Title VI, Ch. 82, Sec. 82.04
Questions involved in this proceeding: No
question of title, but only right of possession and damages, is
involved in the action. Title VI, Ch. 82, Sec. 82.05
History.--s. 20, ch. 1630, 1868; RS 1691; GS 2156; RGS 3460; CGL
5313; s. 33, ch. 67-254.
Process: If no person can be found at the usual
place of residence of defendant, summons may be served by posting a
copy in a conspicuous place on the property, described in the
complaint and summons. Title VI, Ch. 82, Sec. 82.061
Trial; evidence as to damages: At trial evidence
shall be admitted about the monthly rental value of the premises and
if plaintiff recovers, the jury shall fix the plaintiff's damages at
double the rental value of the premises from the time of the
unlawful or wrongful holding, but the damages in no action of
detainer shall be fixed at more than rental value of the premises
unless the jury is satisfied that such detention is willful and
knowingly wrongful. Title VI, Ch. 82, Sec. 82.071
Trial; form of verdict:
(1) IN CASES OF FORCIBLE OR UNLAWFUL ENTRY.--In forcible
or unlawful entry the form of verdict shall be substantially as
follows:
We, the jury, find that defendant did (or did not), within 3
years next before the filing of the complaint, forcibly (or
unlawfully) enter upon the real estate mentioned in the complaint
and turn plaintiff out of possession; that defendant did (or did
not) continue to hold possession at the date of the complaint; and
we assess the damages of plaintiff at _____ dollars.
(2) IN CASES OF UNLAWFUL DETAINER.--The form of verdict in
unlawful detainer shall be substantially as follows:
We, the jury, find that the defendant did (or did not), at the
time of filing the complaint, wrongfully hold possession of the real
estate mentioned in the complaint against the consent of plaintiff
that defendant has (or has not) so held possession thereof against
the consent of plaintiff, within 3 years next before the filing of
the complaint; and that plaintiff has (or has not) the right of
possession in the real estate, and we assess the damage of plaintiff
at _____ dollars. This subsection shall not apply with regard
to residential tenancies. Title VI, Ch. 82, Sec. 82.081
Judgment and execution: If the verdict is in
favor of plaintiff, the court shall enter judgment that plaintiff
recover possession of the property described in the complaint with
his or her damages and costs, and shall award a writ of possession
to be executed without delay and execution for plaintiff's damages
and costs. If the verdict is for defendant, the court shall enter
judgment against plaintiff dismissing the complaint and order that
defendant recover costs. Title VI, Ch. 82, Sec. 82.091
Effect of judgment: No judgment rendered either
for plaintiff or defendant bars any action of trespass for injury to
the property or ejectment between the same parties respecting the
same property. No verdict is conclusive of the facts therein found
in any action of trespass or ejectment. Title VI, Ch. 82, Sec.
82.101
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