A legal complaint for eviction with the Lease (if its a written lease) and applicable Notice (3 day, 7 day, or 15 day notice) is filed with the clerk of Court in the county where the property is located.

 

Once the complaint for eviction is filed, the complaint is served to the Tenant by a certified and licensed Florida process server.

 

If the eviction is for possession only (not money damages), then, under Florida law, the Tenants have 5 business days to file a response to the Complaint with the clerk of the Court and/or deposit the alleged unpaid rent due into the Court Registry.

 

If the tenant fails to file a response to the eviction, then the Landlord or Landlord’s lawyer will file a motion for a clerk’s default, and subsequently, a motion for default final judgment.

 

If the Tenant does file an answer to the complaint/summons, and does deposit the alleged unpaid rent due with the Clerk of Court, which only occurs in a very small number of cases in attorneys’ experience, then Attorneys will either file a motion to strike the tenant’s response for one of several legal reasons, or the eviction case is set by the Judge for a final hearing or possibly mediation.

 

Marcus E. Stein will then defeat the Tenant at the hearing and seek a final judgment for eviction by the Judge.

 

The Final Judgment gives legal possession of the rental property back to the landlord. After the final judgment of eviction is entered by the Judge, the Clerk of Court issues a Writ of Possession.

 

 

*Attorneys’ goal  is that attorneys will get the final judgment entered and writ of possession issued within 3-4 weeks from the date of filing the Complaint for eviction. After the eviction attorney receives the issued Writ of Possession, the eviction attorney will deliver it to Sheriff along with Writ of Possession instructions for the client.