In Florida, a Homeowner files an Unlawful Detainer to remove a person from their property. Unlike an Eviction, the person that does not have a lease with the Homeowner. Further, the person does not pay rent. A Homeowner usually files an Unlawful Detainer to remove a family member. The Process takes about 5 weeks. However, it can take longer if the proper paperwork is not filed.
The Unlawful Detainer Process
1. Filing Complaint. Unlike an Eviction, a Homeowner does not give a 3 day notice. Without this requirement, the process can begin immediately. Upon being served, a person has 5 days to respond to the Complaint. This does not include Weekends or Holidays.
2. Responding to Complaint. If a person responds, the case will be set for Mediation. Mediation is a very effective way to settle these types of cases.
3. Not Responding to Complaint. If the person does not respond, a default is entered against them. A default prevents a person from responding in the future. Thereafter, a Final Judgment of Unlawful Detainer will be entered.
4. Final Judgment to Writ of Possession. If the Judge orders to remove the Individual, a Final Judgment of Unlawful is issued. The Clerk will then sign the Writ of Possession. A Writ of Possession orders the Individual to vacate within 24 hours.