How Long Does The Eviction Process Take In Florida?
It depends on several factors. A Residential Eviction for Possession that is uncontested takes 3 to 4 weeks (pre-COVID-19). Evictions for removal can be conducted under Summary Procedure, Florida Statutes 51.011. This is an expedited process that allows for Landlords to quickly remove Tenants. This limits the time for filing a response from 20 days to a reduced period of 5 days.
What Is An Uncontested Eviction In Florida?
This occurs when a Tenant does not respond after being served. If this happens, the Landlord can file for a clerk’s default. Thereafter, the Judge will likely enter a Judgment. As a result, the clerk and Sheriff are directed to execute the writ of possession. Thereafter, the Sheriff will return possession to the Landlord.
What Is A Contested Eviction In Florida?
This can increase the time it takes to evict the Tenant. If they hire an Attorney and/or Files a response, the Process can take longer. If they are being sued for non-payment of rent, they are required to place it into the Court’s Registry. This can delay the process, but can help secure rental payments for the Landlord. In this instance, the Court will set the case for Mediation. If it does not settle, a Final Hearing will be held. It is highly recommended that the Landlord and the Tenant have an understanding of their rights, duties, and obligations stated in Chapter 83. Therefore, if you are trying to remove your Tenant, it is very important that you strictly comply with the Florida Eviction Process. If you are a Tenant that is being wrongly Evicted, it is recommended that you retain experienced Eviction Attorneys that can defend you.
Eviction Process in Florida
Removing a Tenant for not paying their rent or violating a non-monetary provision of the lease agreement can be stressful. Unfortunately, these circumstances are outside of their control. The good news- the Florida Eviction Process is not as difficult as it may seem.
- Lease Agreement: There is a clause that states that the Tenant is required to pay rent.
- Tenant Fails to Pay: The Landlord can give them a 3 day notice to pay or vacate.
- Tenant Fails to Pay After the 3 Day Notice: The Landlord can file an Eviction.
- Landlord Files an Action in County Court: They must serve the Tenant. As a result, they have 5 business days to file a response.
- Tenant fails to Respond to the Complaint: The Landlord can file a Motion for Default with the Court.
- The Court enters a Final Default Judgment: The Judge directs the Clerk to sign the Writ of Possession. Accordingly, it is important that the Landlord gives a check to the Clerk in order for the Sheriff to serve the Writ.
If you are unsure about the Florida Eviction Process, please contact 954 Eviction Attorneys, PLLC @ 954.323.2529. We have offices in both Broward and Palm Beach County and serve all 67 counties throughout Florida.
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