Legal Question in Real Estate Law in Florida

Hi I have a commercial tenenat who is 2 months behind on rent. I have filed a 3 day notice and now a 5 day eviction. I beleive he is gone, but is not acknowledging the court date? Do I go anyway? can the case continue if he doesnt show?


Asked on 9/28/10, 3:58 pm

1 Answer from Attorneys
Alterraon Phillips APLaw, LLC

If you have provided the 3 day notice and a summons was issued for the Eviction which notified them they have 5 days to respond, they must have responded in order to have a court date set. Typically a hearing is not set if they do not respond within the 5 days as you could then ask for a default judgment. In short, yes you need to go to the hearing. If you don't and they do, they could likely have your case thrown out and you would have to refile.

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Answered on 10/06/10, 2:15 pm


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