This guide provides an overview of when a law enforcement officer mat legally detain someone suspected of a crime. Some of the issues covered include how to legally conduct a stop, and when frisking and searches of vehicles are allowed.
Florida USLegal Guide to Unlawful Detention
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FAQ
If the tenant loses at trial and is to be evicted, the landlord will obtain a Writ of Possession, giving the sheriff authority to physically remove the tenant from the property. The sheriff will post a five-day notice to vacate at the property and will remove the tenant once that notice has expired.
File an unlawful detainer lawsuit. The lawsuit must be filed in county court, in the county where the property is located. You must attach proof of ownership or rightful possession of the property to the complaint, such as a deed, and state how you acquired ownership of the property, or a lease..
You must write and file a response with the court, within 5 days of receiving the summons and complaint. If you do not file a response with the court on time, the Plaintiff may automatically win the unlawful detainer and you will be defaulted by the Clerk of Court or the Judge.
(4) ?Unlawful detention? means possessing real property, even if the possession is temporary or applies only to a portion of the real property, without the consent of a person entitled to possession of the real property or after the withdrawal of consent by such person.
Step by Step Instructions STEP 1 - Write a letter asking the person(s) you are trying to remove to leave the home and give it to the person(s) ... STEP 2 - Complete the forms to start the case. ... STEP 3 - Complaint. ... STEP 4 - Make copies. ... STEP 5 - Mailing. ... STEP 6- Filing your case. ... STEP 7 - Notifying the other party (Defendant)
Initial Filing Fees Filing TypeCostTenant eviction with no damages (Non-Monetary)$185Tenant eviction with damages up to $15,000$300Tenant eviction with damages more than $15,000, up to $30,000$400Tenant eviction with Distress for Rent writ$270
Filing fee for Unlawful Detainer: The filing fee is $185.00 plus $10.00 per summons.
Generally, the eviction process is used if the property owner has a lease with a tenant. Unlawful detainers are used when there is no lease.