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Florida Eviction Summons and Complaint The landlord needs to file and serve an Eviction Summons and Complaint notice. This is if the tenant fails to comply or to leave the property. A copy of the notice and certificate of service must be notarized by the court clerk.
Illegal Eviction Even if you owe rent to the landlord or have violated your lease agreement, self-help evictions are prohibited in the state of Florida. A landlord may recover possession of a rental unit only as provided in Chapter 83, Part II, of the Florida Statutes.
The tenant has five days (exclusive of Saturdays, Sundays, and holidays) after service of the summons to file a written answer to the eviction complaint filed against them. This answer can be filed electronically via the Florida Courts ePortal, through US Mail, or in person at the specific clerk's office.
How Tenants Can Fight (or Delay) an Eviction in Florida Talk to Your Landlord. The best way to delay an eviction is to talk to your landlord. ... Fight (Raise a Defense) ... Ask for a Continuance. ... Talk to the Judge. ... File For Bankruptcy to Delay Your Eviction. ... Should I Ignore an Eviction Notice?
The first step in evicting a tenant in Florida starts with terminating the lease agreement. A landlord does this by serving the tenant with a Florida written notice. A Florida landlord must deliver proper notice to their tenant to vacate the premises and terminate the lease in one of three ways.