Ejectment proceedings are similar to actions for evictions or unlawful detainer, as both causes of action would entitle the Plaintiff to recover possession of their real property and monetary damages against the Defendant for unlawfully withholding possession of the same. However, actions for an eviction or unlawful detainer apply only where their exists a landlord-tenant relationship and, as noted above, are governed exclusively by the Uniform Residential Landlord-Tenant Act.
Ejectments apply to all other claims for Plaintiffs having the right to recover possession of real property and monetary damages from those unlawfully in possession of their property. If the relationship between the parties does not arise from a landlord-tenant agreement, the appropriate remedy is an ejectment action. An ejectment action is filed in circuit court, whereas an eviction action is filed in district court. The parties to an ejectment action have a right to trial by jury, however, it would be uncommon for one to be demanded. A Plaintiff in an ejectment action must have legal title to the property or the right to possession of the property and they must be able to establish that the Defendant unlawfully withholds and detains possession of the property. Our attorneys handle ejectment actions for our clients often. Many of our clients are in the real estate business and foreclose on owners of property pursuant to owner financing, a vendor’s lien deed, contract for deed, or some combination of these real estate creatures.
After the completion of the foreclosure process, if the parties residing on the premises refuse to leave, it may be necessary to file an action for ejectment in Circuit Court to remove them. It is unlawful to remove them outside of the judicial process. In other situations, family members will allow other family members to reside in or on their property and then they will refuse to leave after the property owner requests them to do so. As there is usually no landlord-tenant relationship in these scenarios, we file ejectment actions on behalf of our clients in order to remove the unlawful resident from the property and also to obtain a judgment against them for the fair rental value of the property during the time in which they were unlawfully residing there.
If you are the owner of property that is currently occupied by an individual or entity unlawfully and you need assistance removing them through the judicial process, please contact us today.