Legal Question in Real Estate Law in Florida
Received a eviction summons in the mail
I received a eviction summons in the regular mail for the County Clerks Office. Does my five days start from the day it is mailed or am I still to be served an eviction summons by the sheriff or process server? It was filed Feb 12, mailed regular mail Feb 13th and I received it Feb. 14th. I thought I had to be served this personally by the sheriff or process server.
2 Answers from Attorneys
Re: Received a eviction summons in the mail
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The county courts are at a divergence of opinions. I am guessing that you mean that you were served a 3 day eviction letter, not a summons. The answer is that you either have 3 days from the date that you received the letter or 8 days from the day it was mailed to pay your landlord. The reason is because some courts have applied the rules of civil procedure which allow for 5 days to be added to anything that has been mailed. Ultimately when you are sued for eviction, if you do not make a timely payment as described above then you will need to be served with the summons prior to being evicted. In otherwords, you have just been given the 3 day, fair warning letter to pay or be sued and evicted. Good luck. If you need further assistance, you may contact the undersigned.
Re: Received a eviction summons in the mail
You do.