Here in Florida the process is very easy and you can resume it to 4 steps:
1.- Draft and Serve Three-Day Notice.
A landlord must serve a Three-Day Notice demanding payment of rent or possession of the premises within three (3) days. The date of service and weekends and legal holidays are excluded. After the expiration of the Three-Day Notice the landlord may proceed with the summons and complaint.
2.- Complaint and Summons
Complaint: The landlord must file the original Complaint and sufficient copies of the complaint for each tenant with the Clerk. The landlord must also file a copy of the Three-Day Notice and a copy of the lease, if one exists, and attach a copy of the notice and lease to each copy of the eviction complaint. The complaint must be signed in the presence of a deputy clerk or must be notarized by a notary public.
Summons: T court clerk will issue an Eviction Summons/Residential after the eviction complaint is filed and the fee paid. A copy of the complaint, three-day notice, and lease (if one exists) will be attached for service on the tenant. The Sheriff or a private process server can serve the summons.
3.- Hearing or Defualt
Hearing: The tenant has five days (exclusive of
Saturdays, Sundays and holidays) after service of the Summons to file an answer. If an answer is filed and money deposited the landlord must contact the Court to schedule a hearing.
Default: If the tenant fails to answer the Summons, the landlord may file a Motion for Default and proceed with obtaining a Final Judgment for Possession and a Writ of Possession.
The Clerk is authorized to enter a Default at the end of five days after service upon the tenant. Upon the default being entered by the Clerk the Judge will then review the file and enter the Final Judgment for Possession and direct the Clerk to issue the Writ of Possession.
4.- The Sheriff
After entry of the Judgment the Clerk will issue a Writ of Possession describing the premises and commanding the sherif to put the landlord in possession after 24 hours. The Writ must be served by the Sheriff.
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Analou Manent