Landlord Question and Answer Forum
I live in Florida. What is the law in relations to evicting tenants? I am a new landlord and wanted to know how to proceed for non paying tenant.
Susan B, FL on Monday, January 11, 2010
RE: Evictions
Step 1: Serve a 3 Day Notice to Pay Rent or Vacate the Premises on the delinquent tenant.
Step 2: Prepares and file an Eviction Complaint and Summons, with your county’s clerk of the county court, requesting a Judgment for Past Due Rents.
Step 3: The clerk of the county court, issues an Eviction Complaint, for past due rent and a Summons, to be served on the tenant, in person, by a county deputy sheriff or Florida certified process server.
The tenant has five days, excluding Saturdays, Sundays and Florida legal holidays, from the day they’re served, to file an answer with the court.
Step 4:If the tenant fails to file a response to the complaint, and doesn't deposit the full amount of the past due rent, into the registry of the court, the landlord prepares and files a Motion for Immediate Default -Claim for Past Due Rents and a Final Judgment for Past-Due Rents, with the clerk of courts. There is some addl papework as well.
Hiring an attorney is prob a good idea.
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