LuaLewy
Apr 8, 2013, 09:48 AM
How long does it take for eviction in Florida.
JudyKayTee
Apr 8, 2013, 10:07 AM
Here is the info: Florida Landlord/Tenant Law Division of Consumer Services, DOACS (http://www.800helpfla.com/landlord_text.html)
"TENANTS FAILURE TO MEET LEASE OBLIGATIONS
* Except for the failure to pay rent, a landlord must notify you, in writing, of the
shortcoming and give you seven days to correct the situation. If you still have not
complied after seven days, the landlord can begin the eviction process.
EVICTION
* The eviction notice is the landlord's request or formal demand made to the
tenant. It asks the tenant to move out. It is delivered to the tenant only, and
is not filed in court.
* If the tenant does not voluntarily move as requested by the eviction notice, the
landlord may file an eviction case in court. The eviction case is the landlord's
request or formal demand made to the County Court. It asks the Court to evict
the tenant.
* The request is made in a Summons and Complaint, which is delivered to the
tenant by a process server.
* The tenant has five business days to file a written answer to the Summons and
Complaint or he/she will be evicted.
TENANTS FAILURE TO PAY RENT
* The landlord must serve you, the tenant, a written notice allowing three days
(excluding weekends and legal holidays) for you to pay the rent or move. If
you do not pay rent or move, the landlord may begin action to evict you.
* In order for the landlord to gain payment of the rent or possession of the dwelling,
he must file suit in county court, and provide the court with a copy of the three
day notice.
* If the court agrees with the landlord, it will notify you in writing. You then have
five days (excluding weekends and legal holidays) to respond, also in writing,
to the court.
* If you don't respond or a judgment is entered against you, the clerk of the
county court will issue a "writ of possession" to the sheriff who will notify you
that you will be evicted in 24 hours.
* You have the right to stay in your apartment until the landlord files an eviction
case and a judge decides your case. The landlord must deliver an eviction notice
before he can file an eviction case. The landlord cannot put you out unless he
wins the eviction case in court.
OTHER TYPES OF EVICTIONS
* Under certain circumstances, if the tenant has exhibited a lack of consideration
for the rights and privacy of others, a landlord has the right to require a tenant
to move with very little notice.
* In some cases (destruction, damage, misuse of property, unreasonable
disturbances), the landlord does not have to give you the opportunity to cure the
problem and may terminate your tenancy by giving you a seven-day written
notice.
LANDLORDS CAN'T JUST THROW YOU OUT!
* Only a judge can order you evicted, and only the Sheriff can put you out of your
home! (See "EVICTION" feature)
* Florida law does not allow a landlord to force a tenant out by:
1. Shutting off the utilities or interrupting service, even if the service is in the
landlord's name.
2. Changing the locks or using a device that denies the tenant access.
3. Removing the outside doors, locks, roof, walls or windows (except for
purposes of maintenance, repair or replacement).
4. Removing the tenant's personal property from the dwelling unit unless
action is taken after surrender, abandonment or a lawful eviction.
* A landlord may not evict a tenant solely in retaliation for the tenant
complaining to a governmental agency about a code violation, joining or
establishing a tenant's "union" or similar organization, or asserting other
tenant rights.
* If any of these occur, the tenant may sue for actual and consequential damages
or three month's rent, whichever is greater, plus court costs and attorney's fees."
ScottGem
Apr 8, 2013, 10:11 AM
Depends on how crowded the courts are also the reason for eviction. Your landlord needs to first give you 15 days written notice prior to the date rent is due. Except if your rent is past due. Then the landlord can give you a 3 day pay or quit notice. If you fail to vacate by the due date, the landlord has to go to court for an eviction order. This involves a hearing. Which depends on the court schedule.