Below is a general description of the eviction process in Florida. Procedures may vary from county to county, depending on the court, clerk of court, and sheriff’s office.
I. TENANT BREACH
Before an eviction can be filed, the tenant must be in breach of the lease agreement. Two types of breaches: 1) failure to pay rent, and b) violation of a lease provision (e.g. unauthorized occupants, pets, etc.). The landlord must serve a legally-sufficient notice to the tenant to cure the violation (if curable). If the violation is non-curable, then the notice will notify the tenant of termination of the lease. Note: 7 day notice evictions are less certain and riskier than 3 day notice to pay evictions. We seek advice from our legal counsel regarding any curable or non-curable lease violation situation, as well as any other eviction or lease violation issue, and proceed accordingly.
II. TENANT FAILURE TO CURE
If the tenant fails to cure the breach timely, the landlord may file an eviction based on that notice.
III. FILING EVICTION
The eviction is filed in the county court where the property is located. The clerk of course has to “accept” the filing, and once accepted, issues a summons so the tenant can be served with the lawsuit. Note: the timing of “accepting” the filing and issuing the summons varies, depending on the county and their caseload. It could be done the same day or 2 - 5 days later.
IV. SERVICE OF PROCESS
Once the clerk of court issues the summons to our attorney, he will have either his private service processor or the county sheriff’s office attempt service on the tenant, depending on the county of the eviction. The tenant can be served in person or by posting (if the procedures are followed for posting). Normally, process is effected 1 - 4 days after the server receives the summons to serve. If the tenant is served by posting, the clerk of court has to mail the Summons and Complaint to the tenant via USPS first class mail to the tenant’s address. The clerk’s mailing, again, is subject to time variations.
V. ANSWER
Once the tenant is served, the tenant has 5 days to file an answer or response, excluding legal holidays and weekends. If the tenant files an answer, courts handle this differently, depending on the judge. Some judges will automatically set the matter for a Rent Determination Hearing. Other courts will wait for the plaintiff attorney to file a responsive pleading. Other courts will automatically set it for a Final Hearing. The timing in which the court does one of these things varies, depending on the county and judge. Our attorney guides us through all of these legal procedures.
VI. RENT DETERMINATION HEARING
If the court sets the matter for a rent determination hearing, the hearing date is set by the court. At the hearing, the court will enter an order for the tenant to post the disputed rent into the court registry by a specific date and time in order for the tenant to have the right to contest the matter in a final hearing.
VII. RESPONSIVE PLEADINGS
If the court receives a responsive pleading from the plaintiff attorney, the court may rule on the motion from his chambers or put the motion on his or her calendar to review for order, and may at times require a hearing on the motion. But many times, the court can enter an order on the motion in chambers, without need for a hearing.
VIII. FINAL HEARING
If the court sets the matter for a final hearing as soon as the court receives the tenant’s answer, this normally necessitates that our attorney file a motion to prevent the hearing based on the law. If the tenant posts rent into the court registry (as they are required by F.S. 83.60(2) to do, with very few exceptions), a Final Hearing will be held, where the parties and the witnesses must appear and present their case to the court. This is just like a trial and is subject to all of the Rules of Procedure and Evidence. Witnesses must appear and cannot normally appear by phone, unless approved by the court. Signed statements by a witness are insufficient to prove an eviction. The Final Hearing date is set by the court, and it will depend on the court’s calendar.
IV. DISPOSITION
If the tenant does not file an answer or files a legally-insufficient answer and the plaintiff attorney obtains an order of Final Judgment against the tenant accordingly, the Court will order that the tenant be removed by writ of possession. How soon the court orders Final Judgment depends on the court and county. If a Final Hearing is held, disposition will not be entered until the hearing is closed and the court renders an order based on the evidence presented at trial.
V. WRIT OF POSSESSION
Once the court enters a Final Judgment in favor of the landlord, the clerk of court must issue a writ of possession to the sheriff to remove the tenant. This process could take a day or more, depending on the clerk of court. Once the sheriff’s office receives the writ of possession, they assign the writ to be served by a deputy. That deputy will serve the writ and notify the tenant that he will execute the writ (normally) 24 hours after the writ is posted on the door. If the tenant is still in possession of the premises at that time, the deputy will remove the tenant. If there is property remaining in the premises, the landlord may remove it according to Florida law and the lease agreement. Many times, deputies require the landlord to have a locksmith present at the time that the deputy turns over possession to the landlord.
VI. TIMING
Each county is different in the time to process evictions. In "faster" counties, under normal conditions, an eviction takes about 4-6 weeks to complete, from the filing of the Eviction Complaint to the execution of the writ of possession. In slower counties, it could take longer. Contested cases can take longer in general, and if the tenant is represented by an attorney, legal issues may arise that could delay a Final Judgment, but unrepresented tenants can also delay the process by filing either sham pleadings or pleadings that state a basis for relief under color of facts and law.