Posted: January 29th, 2014
Evicting a tenant in Palm Beach County? Evictions unfortunately have become a necessary evil which can lead to lots of time and extra expense. If you are new to the eviction process or would like to get some help in eviction your tenant please call us.
1) Three Day Notice- The landlord must post a correct Three Day Notice on the property. The three day notice will demand possession of the property or payment of rent with the statutorily mandated three day time period. The day of posting does not count as the first day of notice and neither do Saturdays, Sundays and legal holidays. After the three day notice expired the landlord can commence filing the complaint for eviction.
2) Complaint- The landlord must prepare a complaint for tenant eviction, provide a copy of the lease and a copy of the three day notice.
3) After the complaint is filed the tenant has 5 days to respond. If the tenant files an answer or deposits money in to the court registry then a hearing will be scheduled. If the tenant does not file an answer or deposit any monies into the registry then the tenant is in default.
4) Default- Once the tenant is in default the landlord can file Clerk's Motion for Default and then receive a final judgment for possession. Once you receive the final judgment for possession the Judge will review and issue a final writ of possession. Once the writ of possession is issued to the Sheriff the Sheriff will post the notice on the property for 24 hours. Once the 24 hours is over then the Sheriff will meet the Landlord or its agent on the premises to give the property back to the owner.