Holidays And Weekends And The Florida Eviction Process

Holidays And Weekends And The Florida Eviction Process

Florida is a Landlord Friendly State.  In other words, it provides them an expedited Eviction process through the court system known as Summary Procedure. This shrinks the timeline of filing an answer from 20 days to 5 days. As a result, Evictions move quicker without the delays you may see in a traditional lawsuit. Therefore, calculating notice periods and hitting deadlines is essential to getting back possession. To learn about how holidays and weekends affect the Florida Eviction Process, contact 954 Eviction Attorneys at 954.323.2529.

Tenant’s Failure To Pay Rent (Pre-Suit)

Pursuant to §83.56(3), if the tenant fails to pay and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, the Landlord may terminate the rental agreement. Legal holidays for the purpose of this section are court-observed holidays only.

Service Of Eviction Lawsuit (After Filing Suit)

Pursuant to §48.20, the summons cannot be served on a Sunday unless the Landlord believes that the Tenant plans to escape from the state.  Accordingly, they will be required to file an affidavit stating same.

Wait Five Days (After Filing Suit)

A Tenant has 5 days (excluding Saturdays, Sundays, and legal holidays) to file an answer or vacate after they are served.

Defenses To Florida Eviction Action (After Filing Suit)

Pursuant to §83.60(2), if the tenant wishes to dispute the amount of rent claimed in the complaint, they must file a motion to determine the amount of rent to be paid into the registry.  This must occur within 5 days of receiving the summons (excluding Saturdays, Sundays, and legal holidays). In addition, the Motion should include evidence showing that the amount in the complaint is in error.

 Final Stage Of Eviction Process 

According to §83.62(1), when a Judgment is entered in favor of the landlord, the clerk shall issue a writ to the sheriff.  It must describe the premises and command the sheriff to put the Landlord in possession after the 24 hours’ notice. Saturdays, Sundays, and legal holidays do not stay the 24 hour period.  However, from our experience, it’s unlikely that they will execute a writ on the weekend and they traditionally wait until the next business day.

Florida’s Legal Holidays Under §683.01

(1) The legal holidays, which are also public holidays, are the following:

(a) Sunday, the first day of each week.
(b) New Year’s Day, January 1.
(c) Birthday of Martin Luther King, Jr., January 15.
(d) Birthday of Robert E. Lee, January 19.
(e) Lincoln’s Birthday, February 12.
(f) Susan B. Anthony’s Birthday, February 15.
(g) Washington’s Birthday, the third Monday in February.
(h) Good Friday.
(i) Pascua Florida Day, April 2.
(j) Confederate Memorial Day, April 26.
(k) Memorial Day, the last Monday in May.
(l) Birthday of Jefferson Davis, June 3.
(m) Flag Day, June 14.
(n) Independence Day, July 4.
(o) Labor Day, the first Monday in September.
(p) Columbus Day and Farmers’ Day, the second Monday in October.
(q) Veterans’ Day, November 11.
(r) General Election Day.
(s) Thanksgiving Day, the fourth Thursday in November.
(t) Christmas Day, December 25.
(u) Shrove Tuesday, sometimes also known as “Mardi Gras,” in counties where carnival associations are organized for the purpose of celebrating the same.

(2) Whenever any legal holiday shall fall upon a Sunday, the Monday next following shall be deemed a public holiday for all and any of the purposes aforesaid.

If you’re a Landlord and want to make sure the eviction process is handled correctly, smoothly, and done fast, contact your experienced eviction lawyers at 954 Eviction Attorneys today @ 954.323.2529. We have locations in Broward and Palm Beach Counties to better serve our eviction clients.