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What exactly is a 5 day "rush eviction" in Florida?
Anonymous3 views3 answers
My landlord is filing a 5 day rush eviction against me and I would like to know what this means and approximately how long I have until I receive the final 24 hr notice to vacate the premesis.
An eviction provides for a 5 day summons. You are notified to pay the rental or vacate. If no payment is made, then the Plaintiff can obtain a judgment of eviction and proceeds to writ of possession. It takes as long as it takes for the Judge to sign the judgment and the sheriff to serve the writ.
If you don't answer the summons and complaint during the five business days that you are entitled to by law, then the landlord can ask for a default judgment against you.
From the date of filing, it will be approximately one to four weeks, depending on a lot of different circumstances.
Good luck.
I agree with the other attorneys. Let me further add that here in Miami-Dade a landlord can pay the Sheriff to expedite service of the Writ for Possession, and forcible eviction. One typically normal scenario: 5-day summons served with complaint for possession, answer filed within 5 business days (7 days have gone by), tenant does not contest owing rent money, motion for default filed for failure to post rent, default judgment entered about (probably around 24 days from date of service), Sheriff serves Writ of Possession stating 24 hours to vacate (probably served about another 10 days later, or 34 days from date of service), Sheriff returns to forcibly evict if tenant has not voluntarily vacated (possibly another 10 days, although it could be the next, because of back log). It's that end time that can be lowered to as little as 24 hours to get the Writ of Possession served and another 24 to forcibly evict. The landlord needs to pay a fee to the Sheriff to expedite. Not all do, but it's not something you want to take a chance with.