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A Short Note on Eviction in Florida

By James Blee Subscribe to RSS | March 16th 2012 | Views:
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Many property owners in Florida are unfamiliar with the process of eviction. Majority of them are facing trouble from their tenants and always think about following up an eviction process, but lack of knowledge and the procedural formalities hinders them from taking any initiation. The process of carrying out an florida eviction is detailed in Chapter 83 of the Florida Statutes. A detailed reading of it can prove to be beneficial in following up the eviction process in compliance with government rules and regulations.

Prior following up with the eviction, it is necessary for all property owners that they provide their tenant with a three-day notice giving them deadlines for paying their balance rent or else leaving their property if the requirement cannot be fulfilled. This notice forms the base of the eviction process as without it, you cannot proceed with filing a complaint. During filing the complaint, a property owner is required to present the original three-day notice along-with copies of it for each tenant staying in his premises..

The clerk issues an eviction summon only after the complaint is filed and the required fee is obtained from the property owner. Copies of the complaint, three-day florida eviction notice and the lease are attached with the eviction summon. Generally the Sheriff or a private process server serves this summon but there is a fee for it which can be paid either in person or as money order. The tenant has five days on receiving the summons to file an answer following which a hearing can be scheduled by the property owner after contacting the Court.

After judicial gearing, the clerk issues a ‘Writ of Possession’ thereby ordering the Sheriff to regain the property of the property owner from the tenants and you can get your property back from the troublesome tenants. This article provides you general idea about the process of eviction and if you have any doubts, it is advisable to seek legal advice from an attorney who will guide you through the entire process.

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