What You Need to Know About How to File & Serve an Unlawful Detainer in Florida
An unlawful detainer allows a Florida property owner to remove an individual from their property. Here’s everything you need to know about how to file and serve an unlawful detainer in Florida.
Florida property owners may file an unlawful detainer with a court to determine if a defendant is occupying their property wrongfully. After filing paperwork with their local Florida clerk, an applicant should await the defendant’s response. Once both parties have filed their forms, a court will rule on the unlawful detainer.
Defining an Unlawful Detainer in Florida
An unlawful detainer is when a property owner legally removes an individual without a residential rental agreement from their property. Property owners in Florida may file an unlawful detainer against any resident who willfully wrongly resides on their property. In Florida, property owners may file unlawful detainers without notifying the recipient.
When a property owner files an unlawful detainer, a Florida court will determine if the recipient is knowingly residing in a property wrongfully. After deciding to grant an unlawful detainer, the Florida court will award the plaintiff damages.
Related: Appealing an Unlawful Detainer in Florida
How to File & Serve an Unlawful Detainer in Florida
1. Complete All Necessary Forms
To file an unlawful detainer in Florida, a property owner must complete an Unlawful Detainer complaint and a Summons for Unlawful Detainer form. They may also choose to complete a Non-Attorney Designation of E-Mail Address form if they would like to receive court documents electronically.
2. File the Forms to a Clerk’s Office
After completing the proper forms, applicants may file their unlawful detainer with a Florida clerk’s office. Applicants should keep a copy of all forms for themselves. In Florida, they should file at least two extra copies of their Unlawful Detainer complaint and Summons for Unlawful Detainer form with their clerk.
3. Serve Forms to the Defendant
An applicant does not need to serve unlawful detainer forms themselves. After they file their forms, their jurisdiction’s Sheriff’s office will serve the unlawful detainer to the defendant. Once the defendant receives these forms, they have the opportunity to file an answer to the complaint.
If the defendant does not file an answer but leaves the applicant’s property, the applicant may file a Notice of Voluntary Dismissal to a Florida clerk. In Florida, this notice informs the court that the defendant has left the applicant’s property, and the applicant has no further actions.
If the defendant does not file an answer and does not leave the applicant’s property, the applicant may file the following forms with their local Florida clerk:
These forms allow applicants to share their issues with the court and request that the court takes further action on their case.
4. Obtain Judgment
If a defendant files an answer, a court in Florida will make a ruling on the unlawful detainer. To receive this ruling, an applicant must file a Notice of Hearing with their clerk in Florida. Applicants should create copies for themselves, the court, and the defendant. In Florida, a Notice of Hearing informs the defendant that the court will decide on the unlawful detainer complaint on a certain date.
Property owners should also file a Final Judgment for Unlawful Detainer and Writ of Possession in preparation for the court’s judgment.
Related: Florida Drug Possession Laws: Penalties & Defenses
FAQs About How to File and Serve an Unlawful Detainer in Florida
What is the difference between an unlawful detainer and an eviction in Florida?
In Florida, a property owner may file an unlawful detainer if the defendant does not have a property rental agreement. Evictions in Florida are for property owners with a rental agreement with a defendant.
How long does a defendant have to answer an unlawful detainer complaint in Florida?
A defendant has five days to answer an unlawful detainer complaint in Florida, excluding weekends and holidays. They must answer within five days or leave the property owners’ premises to avoid a court taking further action against them.
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