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Florida Eviction Summons and Complaint The landlord needs to file and serve an Eviction Summons and Complaint notice. This is if the tenant fails to comply or to leave the property. A copy of the notice and certificate of service must be notarized by the court clerk.
The entire process can be done is as little as one week if the eviction is uncontested, or take years in unusual circumstances. On average, an eviction process takes about 15 days if there are no valid defenses to the eviction action.
What happens next? If you do not pay your landlord the rent demanded within the 3-day deadline, you must move out or your landlord's next step is to file a lawsuit. Your landlord's goal in filing the lawsuit is to get a Judgement for Possession, which is the result if they win in court.
How to ask the court to stop your eviction Fill in Form N244. Return it to the court. Attend a short hearing where the judge decides what happens.
The Landlord will need to also pay the appropriate fees to the Sheriff at this time. Thereafter, the Clerk sends the stamped Writ of Possession to the Sheriff to execute the Writ. This process can take up to two weeks depending on how backed-up the Sheriff is in the county in which the property is located.
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A tenant will have three days after receiving the eviction notice to either pay the rent or leave the property.
If you have received a complaint as a tenant, you must file an \u201canswer\u201d with the Clerk of Court. This response must be in writing, listing your proper defenses \u2013 the reasons why you should not be evicted. The answer must be filed with the Clerk of Court and a copy must be mailed to the landlord in the same 5 days.
A 5 Day Summons is issued by the Clerk's Office, and service to tenant by the Sheriff's Office. Tenant has 5 days to answer. IF TENANT ANSWERS In 5 Days, and posts past due rent (if applicable), the judge will review the file and "may" schedule a hearing to consider the case further.
After a judgment for possession is entered, your landlord must file a writ of restitution in order to evict you. Your landlord must wait 2 days after the judgment is entered to file the writ. The U.S. Marshals Service can schedule your eviction as soon as 3 days after your landlord files the writ.
A Florida landlord can terminate without cause a month-to-month tenancy by giving the tenant a written notice at least 15 days before the end of the monthly period. The notice must inform the tenant that the tenancy will end in 15 days and that the tenant must move out of the rental unit by that time. (Fla. Stat.

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