The length of the Florida Eviction Process depends on several factors. A standard Residential Eviction for Possession that is uncontested in Florida likely takes between three (3) to four (4) weeks. In Florida, Eviction proceedings for removal can be conducted under Summary Procedure, Florida Statutes 51.011, which is an expedited process for Landlords to remove Tenants quickly. Summary Procedure limits the traditional time for filing a response to Complaint in Florida from twenty (20) days to five (5) days.
What is an Uncontested Eviction in Florida? An Uncontested Eviction in Florida is when a Tenant does not respond after being served with an Eviction Lawsuit. If the Tenant fails to respond after five days, the Landlord will file for a default and then the Judge will likely enter a Final Judgment. Thereafter, the Judge directs the Sheriff to execute a Writ of Possession. If this process goes smoothly for the Landlord, the Eviction process will be brought to its finality within three (3) to four (4) weeks. At the end of the Florida Eviction Process, the Sherriff will return possession of the property to the Landlord.
A contested eviction in Florida can increase the time it takes for the Landlord to evict the Tenant. If a Tenant hires an Eviction Attorney and the Eviction becomes contested, the Florida Eviction Process can sometimes take longer than a month. If a Tenant is being sued for non-payment of rent, the Tenant is required to put the amount of rent that they believe is owed into the Court Registry. This can delay the Eviction process as well. The Court will likely set the case for Mediation. If the case does not settle at Mediation, the Court will set the case for a Final Hearing which can occur directly after the Mediation or a date soon thereafter. It is highly recommended that both the Landlord and the Tenant have a clear understanding of their rights, duties, and obligations of Florida Landlord Tenant Law and Florida Statutes, Chapter 83. Therefore, if you are a Landlord in Florida and are trying to remove your Tenant as quickly as possible, it is very important that you strictly comply with the Florida Eviction Process and its Requirements. If you are a Tenant that is being wrongly Evicted, it is important that you retain experienced Eviction Attorneys that can properly defend you.
Eviction Process in Florida
Most Landlords in the State of Florida will likely agree that one of the worst parts of being a Landlord is removing a Tenant for either not paying their rent or violating a non-monetary provision of the lease. Unfortunately, under most circumstances, these circumstances are outside of the Landlord’s control. The good news- the Florida Eviction Process is not as stressful as it may seem if handled properly. How is an Eviction handled properly in the State of Florida?
- Lease Agreement: In almost every Lease Agreement between a Landlord and a Tenant in the State of Florida there is a clause that states that the Tenant is required to pay the Landlord rent on a set date every month along with where the rent is supposed to be paid.
- Tenant Fails to Pay: If the Tenant fails to pay rent to the Landlord on the date that the rent is due, the Landlord can give the Tenant a three (3) day notice to either pay the rent or vacate the property, irrespective of whether there is a date when a late fee is tacked on.
- Tenant Fails to Pay After the Three (3) Day Notice: If the Tenant fails to pay rent to the Landlord even if after being served with a Three (3) Day Notice but still remains in the property, the Landlord can file an Eviction Action in the County Court of where the property is located.
- Landlord Files an Eviction Action in County Court: Once the Landlord files an Eviction Action in County Court against the Tenant for Failure to Pay Rent, the Landlord must serve the Tenant with the Eviction Complaint. Upon being served, the Tenant then has five (5) business days to file a response to the Complaint.
- Tenant fails to Respond to the Complaint: If the Tenant fails to respond to the Eviction Complaint filed by the Landlord, the Landlord can advance the case by filing a Motion for Clerk’s Default with the Court. After a Default is entered by the Clerk, a Landlord will then file a Motion for Final Default Judgment of Eviction.
- The Court enters a Final Default Judgment of Eviction: Once a Final Default Judgment of Eviction is entered, the Judge directs the Clerk of Court to sign the Writ of Possession. At this time, it is extremely important that the Landlord gives a check to the Clerk of Court in order for the Sheriff to serve the Writ of Possession on the Tenant and bring the Eviction proceeding to a conclusion wherein the Landlord is given back possession of the property.
If you are unsure about the Florida Eviction Process, please contact 954 Eviction Attorneys, PLLC today at 954.323.2529. We have Eviction offices in both Broward and Palm Beach County and we serve all 67 counties throughout the entire State of Florida.
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