Both sides of eviction


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  • | 12:00 p.m. September 12, 2011
  • Realty Builder
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The website freeadvice.com recently featured the Florida eviction process and gave both sides: the landlord and the tenant.

Here’s how they answered basically the same question:

Landlord
I’m a Florida landlord with a difficult tenant. I’ve given the tenant the proper Florida termination notice, but he still won’t leave. What next? What is the Florida eviction process?

If you have already properly served the tenant with one of the Florida termination notices and the tenant still will not leave, you may file a complaint (fee depends on county) with the county court where the property is located, requesting removal of the tenant.

You will then have to pay a sheriff or private process server to serve the tenant. The tenant will have five days to respond. If they do not respond, you may then file a Motion for Default and receive a default judgment in your favor.

If the tenant does answer properly, you must contact the court to schedule a hearing. The court will ultimately decide whether or not you should be granted possession and costs.

If judgment is entered in your favor, the court will issue a Writ of Possession commanding the sheriff (for a fee) to put you in possession after 24 hours’ notice is posted on the premises.

Tenant
I’m a Florida tenant and I don’t want to move out of my home. How can I avoid eviction? What are my Florida tenant eviction rights?

If you are a tenant and have received notice, you can do what is required in the notice by the deadline given, negotiate with your landlord, or do nothing.

Your landlord must give you proper notice before evicting you. If you were given proper notice and you do not comply, your landlord may evict you.

When the eviction process has been started by your landlord, you will be served with an eviction summons. It may be given to you directly or it may be mailed and posted on the property. It will include the reasons that you are being evicted as well as court information. You will be required to file an answer. This must be done in a specific manner. If you fail to answer the summons or answer improperly, the landlord may get a default judgment against you without you having the opportunity to defend yourself in court.

 

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