Legal Question in Landlord & Tenant Law in Florida

Can I evict a tenant without a writ of possession in florida?


Asked on 12/04/12, 6:43 am

3 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Eviction is started with a three day notice or appropriate notice under the circumstances. Then a complaint and summons are served on the defendant. If no payment is received or lease is terminated effectively, then a Final Judgment of Eviction is obtained. If the tenant does not voluntarily move, then a writ of possession is issued to remove the tenant. Does this answer your question?

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Answered on 12/04/12, 7:55 am
David Slater David P. Slater, Esq.

no

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Answered on 12/04/12, 8:03 am
Junilla Sledziewski Statman, Harris & Eyrich

Probably not. You need to provide three-day notice and then file a complaint to obtain a judgment and writ. Unless the tenant abandons the property, you will need a writ to re-possess.

**This answer is not intended to and does not create an attorney-client relationship**

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Answered on 12/04/12, 8:09 am


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