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Eviction Time and Process

1. A 3-Day notice must be delivered to the tenant or posted on the door giving the tenant 3 days to pay the rent. This notice gives the tenant 3 days excluding the day it was delivered or posted, Saturdays, Sundays and legal holidays that the courts are closed to deliver the rent or possession of the property.

2. The Summons and Complaint can then be filed with the court and served. This gives the tenant 5 days from the time of service excluding the day it was served, Saturdays, Sundays and legal holidays that the courts are closed to file an answer with the court and post money in the court registry.

3. If the tenant fails to file a response a default package along with a writ of possession can be submitted to the court. The clerk will send the package to the Judge to be signed before they can issue the writ of possession. This usually takes a few days and unfortunately in rare instances could take weeks.

4. After the Writ of Possession is entered and issued it's sent to the Broward Sheriff's Office for service. This usually takes a couple of days. The Writ of Possession is a 24 hour notice that the Sheriff's Office posts on the door informing the tenant that they have 24 hours to vacate the property. The Sheriff then contacts the Plaintiff and schedules a time within a few days to meet at the property to remove the tenant if necessary and to standby while the locks are changed.

5. If the Tenant files a response in the eviction case, the landlord must wait to hear from the court before proceeding. In some cases the judge will deny their answer and allow the landlord to proceed and in others they will set a date for the tenant to post money in the court registry and failing to do so will allow the landlord to proceed and some cases may be set for mediation and/or a hearing.

 

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