Pursuant to Florida Statute Chapter 82, an unlawful detainer is a county court lawsuit to remove an individual from your property who does not have a lease or any other right to be on the property. It is similar to an eviction lawsuit except that there is no landlord/tenant relationship, agreement to pay rent, or rent paid.
Unlawful Detainer
An ejectment arises when the individual on the property claims that they have a legal or equitable interest in or a right to the property.
Unlawful Detainer
Florida law does not require that a property owner provide the occupant with a notice to vacate before filing an unlawful detainer action. A notice to vacate is required in an eviction lawsuit. However, it would be wise to provide an occupant with notice before filing suit because it may convince them to leave without the time and expense involved in filing a lawsuit. There is no statutory period of advance notice for an unlawful detainer action.
Unlawful Detainer
The best way to do this is to post the letter on their door, take a photo of the posting, and record the date, time and specific location where the notice was posted.
Unlawful Detainer
This will depend on the county and court you are in, but usually between $100-$400 dollars to file the complaint. In Hillsborough County, Florida, it is $400. Additionally, some courts charge a fee for each summons, typically being $10 per summons. Hillsborough county courts charge $10 per summons. There is also a fee for the use of a Sheriff or Certified Process Server, which is around $60.
Unlawful Detainer
It can take an experienced attorney up to 3 hours to file an Unlawful Detainer Complaint and Summons. Yes, an unlawful detainer lawsuit is electronically filed with the Clerk of Court. The Clerk of Court issues a summons for each of the Defendant(s)/occupant(s) named in the unlawful detainer suit.
Unlawful Detainer
A complaint is served by either a Sheriff or Certified Process Server. Yes, a private process server can often have papers served much faster than the sheriff’s department. Quite often, the Certified Process Server is unable to personally serve the defendants/occupants and is allowed to post the Summons and Complaint on the property. If you expect the Certified Process Server will not be able to serve the Defendant(s) in person, you must provide the Clerk of Court with two additional copies each of the Summons and the Complaint per Defendant, and two pre-stamped envelopes per Defendant addressed to the Defendant’s residence and tie Defendants last known business address, if known.
Unlawful Detainer
After the Summons & Complaint is served to the Defendant(s), the Defendant(s) has five (5) working days to file a response regarding the case. (Saturdays, Sundays, or observed legal holidays are not counted.)
Unlawful Detainer
If the Defendant(s) files an answer, then a hearing will be requested. If the Defendant(s) do not file an answer, then a Motion and Order for Default, a Judgement for Possession, and a Writ of Possession will be filed with the Clerk of Courts.
Unlawful Detainer
If you are an occupant who pays rent, or have a property interest in the subject property, you may be able to contest an unlawful detainer action. It’s an average of 2-3 weeks to hold the final hearing.
Unlawful Detainer
The Judge will discuss any issues raised in the Complaint and Answer. Each party will provide evidence. Evidence is proof presented at hearing in the form of witnesses (people), exhibits (documents), and objects (things). All evidence must conform to Chapter 90 of the Florida Statutes to be admissible in Court. Once each party has presented their evidence, the Judge will make a decision. If the Judge signs a Judgement for Possession, the Clerk can issue the Writ of Possession. The Sheriff’s office charges a fee to execute the Writ of Possession and remove the Defendant.
Unlawful Detainer
The Sheriff’s office typically charges a $90 fee to execute the Writ of Possession and remove the Defendant.
Unlawful Detainer
The short answer is yes, however the legal process that follows an Unlawful Detainer action can be complex and involves multiple steps, involving serving the defendant. It is often helpful to seek legal counsel when navigating this process.
Unlawful Detainer
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