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Eviction Notices in Florida- a Preview

By James Blee Subscribe to RSS | March 20th 2012 | Views:
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The growing tensions between tenants and the landlord have serious implications leading to evacuation of the rented property. The florida eviction notice serves as a warning sign of the start of a conflict between a tenant and landlord. Following the failure to comply with the requirements of a three-day eviction notice forces a landlord to file a law suit against the tenant.

Eviction summons are then issued by the court clerk on receiving the appropriate fee charges and the complaint from the landlord. The summon notice is attached with a copy of the lodged complaint, three-day eviction notice and the lease and served to the Sheriff or a private process server. Occasion may arise where the tenant cannot be reached personally. During those times, the summons can be served by posting and mailing. Summon notices are usually posted at conspicuous locations of the premises.

Generally a tenant has five days exclusive of weekends and holidays to file an answer after receiving the summons. After the answer has been filed and the requisite fee has been deposited by tenant, the landlord is required to contact the Court for scheduling a hearing. Failure of the tenant to answer the summons can lead to filing a ‘Motion for Default’ by the landlord. Doing so, a landlord is entitled to proceed to obtain a final judgement for possession of his rented property and a ‘Writ of Possession’.

Authorized clerks enter a ‘Default’ at the end of five days after service upon the tenant. The Judge reviews the complaint file and enters the Final Judgement for Possession. The landlord is required to furnish the clerk with an original Final Judgement for Possession and copies of it for issuance of the ‘Writ of Possession’..

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