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?
Answered on 12/04/12, 7:55 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**
Answered on 12/04/12, 8:09 am
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