(FLORIDA)- Receiving an eviction notice does not mean you must leave immediately. If you do not move out after the notice period, the landlord must file an eviction lawsuit in county court.
You must be served with court papers called a Summons and Complaint. Until a judge orders otherwise, you generally have the right to remain in your home.
Knowing this timeline helps tenants avoid unnecessary panic and understand when action is required.
Scenario: You receive an eviction complaint by mail on a Friday, and your answer is due in five business days. You carefully count the days, prepare supporting evidence, and file your response on time. Your preparation gives the court clear information to consider and prevents automatic judgment.
FAQs:
1. What if the court papers are delivered improperly?
- You can challenge improper service, which may delay the case.
2. Do I have to leave immediately after receiving the papers?
- No, you can stay until a judge issues an eviction order.
3. Can someone other than the sheriff serve me papers?
- Yes, as long as the person is authorized under Florida law to serve process.
Legal Disclaimer: This is NOT intended to take the place of legal advice. It is designed to inform you of a tenant’s rights and responsibilities under Florida law. It is also designed to help you handle problems on your own when you can’t get a lawyer.
About Florida Rural Legal Services (FRLS):
Florida Rural Legal Services, Inc. (FRLS) is a non-profit law firm that provides free civil legal aid to qualified individuals, families, and vulnerable communities across 13 Florida counties and to farmworkers statewide. Since 1966, FRLS has pursued justice by providing legal services in
housing law, family law, consumer protection, public benefits, elder law, disaster relief, education law, tax advocacy, and more, all at no cost to our clients. FRLS collaborates with community organizations and Pro Bono attorneys to deliver quality advocacy, outreach, and education designed to protect the rights of those in need. For over 50 years, FRLS has been a steadfast advocate for justice. Learn more at www.FRLS.org.