FLORIDA EVICTION CLAIMS PROCEDURE
Florida Statute 83 sets forth the eviction process and the laws governing evictions. Generally, the initial step is the serving of a three day notice to pay rent or vacate the premises. This notice must meet certain Florida Statutory guidelines. Upon expiration of the time period, a complaint can be filed which can result in the following:
- The tenant can take no action. In this event, certain documents such as a motion for default and affidavit of non-payment can be submitted to the Court and an Order of Default will be entered as well as a Final Judgement of Eviction.
- The tenant can file an answer without posting the funds in the Court Registry. In this event, a motion to strike the answer can be filed on behalf of the Landlord. Other documents also need to be filed with the request for an entry of a Final Judgement for Eviction.
- The tenant can file a motion to determine rent. The Court will then set the matter for a hearing and require the tenant to post the sum set forth in an Order. If the tenant posts the required sum then a mediation or final hearing may be scheduled. If the tenant does not post the required funds then certain documents need to be filed with the request that a Final Judgement for Eviction be entered.
- The tenant can file a motion to dismiss. The Court will then set a hearing and approve or deny the motion. If the motion is granted the Landlord may have to file another complaint. If the motion is denied then the Court will usually entered an Order requiring the Tenant to post funds into the Court Registry within a certain time period. If the funds are not posted certain documents can be filed with the request that a Final Judgement be entered.
- The tenant can file an answer and post the funds in the Court Registry. The Court may then set the case for mediation or a final hearing. A mediation could result in an agreement between the Landlord and Tenant. If no agreement is reached the Landlord can seek a Final Judgement.
After the entry of a Final Judgement of Eviction the Clerk of the Court will execute a writ of possession which will forwarded to the Sheriff. The Sheriff then posts a 24 hour notice on the door and then schedules a time to come to the premises.
At any time during the process the Landlord and Tenant can enter into a stipulation for re-payment. The stipulation should provide that if the Tenant does not pay within the agreed time period the Landlord can obtain a Judgement for Eviction without the necessity of a hearing and the Tenant can not raise any further defenses.
The Law Firm of Scott R. Bugay, P.A. has experience in both residential and commercial eviction claims. For a free consultation, please contact us.
290 NW 165th St, Ste. P600
Miami, FL 33169-6480
The Law Offices of Scott R. Bugay has satellite offices in Broward, Palm Beach and Cook Counties