Evictions and Collections

When a tenant fails to pay their rent, the landlord may give the tenant a 3-day notice to pay the rent or move out. The 3-Day Notice must comply with the forms shown in the Florida Statutes. The notice must give the tenant 3 business days to pay the rent. If the tenant fails to move or pay the rent within 3 days an eviction proceeding may be filed in County Court for a Judgment of Possession. The Tenant has 5 business days from the date they receive an eviction summons to file a response to the eviction lawsuit with the court. The Tenant must deposit the rent that the tenant acknowledges is owed into the registry to the court to contest the eviction. Once the judge enters a Judgment of Possession, the clerk issues a Writ of Possession and delivers it to the Sheriff. The Sheriff takes the Writ of Possession and delivers it to the tenant or posts the Writ of Possession at the property. The tenant has 24 hours to vacate. If the Tenant does not vacate, the Sheriff returns to the property and removes the tenant. The process takes approximately 30-60 days. An eviction can also be filed to evict a tenant whose lease has expired, or notice has been given terminating their month to month tenancy.