Largo50
New member
Wow there is a lot of miscinception at to eviction. I've done about 300 evictions and here is how it works.
3 day notice is to pay or voluntarily vacate.
Then I file eviction, currently $270 plus $10 for each summons (usually number of names on the lease) in Pinellas
The tenants have to be personally served or posted with the complaint. The tenant has 5 business days to respond to the complaint AND pay the money owed to the court registry or I get a default judgement.
Once I have a judgement it takes less than 1 week to have the tenant forcible removed by the sheriff.
Total time:
3 day notice = 5 days(3 business days)
Complaint service =2 days
5 days complaint responce = 7 days(5 business days)
Motion for default to judge = (2-7 days up to judge schedule)
Judgement to clerk = 1 days
Clerk to sheriff = 1 days
24 hour from sheriff = 1 day
forcibly removed = 2-4 days(requires 24 hours from midnight day posted not counting Sat and Sun and holidays)
total = 21 days min, 28 days max. It almost always is close to 21 days.
Bleeding heart letters to the judge = no delay
5 kids with no place to go = no delay
elderly, disabled, in jail, mentally ill or whatever you can think of = no delay
As for credit, a judgement for eviction does not go on your credit, a judgement for damages does but that can only happen if you were personally served, there is a second hearing for damages, there is a judgement for damages against you AND the judgement is certified with the court. This seldom happens!
To delay the eviction you need to do 1 of 2 things.
1. Deposit the money owed into the court registry and request a hearing. I have never had a judge do the eviction in this case as long as the tenant agreed to pay the eviction costs. Then again why would I want to, they are paid.
2. State in a letter that there is confusion as to the amount owed and do a "Motion to determine rent". This is sleezy but will delay the eviction 3 weeks, the time it takes to get a hearing.
Informational bump
3 day notice is to pay or voluntarily vacate.
Then I file eviction, currently $270 plus $10 for each summons (usually number of names on the lease) in Pinellas
The tenants have to be personally served or posted with the complaint. The tenant has 5 business days to respond to the complaint AND pay the money owed to the court registry or I get a default judgement.
Once I have a judgement it takes less than 1 week to have the tenant forcible removed by the sheriff.
Total time:
3 day notice = 5 days(3 business days)
Complaint service =2 days
5 days complaint responce = 7 days(5 business days)
Motion for default to judge = (2-7 days up to judge schedule)
Judgement to clerk = 1 days
Clerk to sheriff = 1 days
24 hour from sheriff = 1 day
forcibly removed = 2-4 days(requires 24 hours from midnight day posted not counting Sat and Sun and holidays)
total = 21 days min, 28 days max. It almost always is close to 21 days.
Bleeding heart letters to the judge = no delay
5 kids with no place to go = no delay
elderly, disabled, in jail, mentally ill or whatever you can think of = no delay
As for credit, a judgement for eviction does not go on your credit, a judgement for damages does but that can only happen if you were personally served, there is a second hearing for damages, there is a judgement for damages against you AND the judgement is certified with the court. This seldom happens!
To delay the eviction you need to do 1 of 2 things.
1. Deposit the money owed into the court registry and request a hearing. I have never had a judge do the eviction in this case as long as the tenant agreed to pay the eviction costs. Then again why would I want to, they are paid.
2. State in a letter that there is confusion as to the amount owed and do a "Motion to determine rent". This is sleezy but will delay the eviction 3 weeks, the time it takes to get a hearing.
Informational bump