An eviction in Orange County, Florida, follows a four-step process. We’re eviction attorneys in Orange County, Florida, and we help landlords with evictions every day. If you’d like more information about evictions or would like help, contact us.
The first step of the eviction process is the notice. If you’d like to evict for non-payment of rent, then a 3 day notice is required. If you’d like to evict because the lease has expired, then the notice is usually at least 15 days prior to the end of the rental period, but the notice requirements could vary depending on the terms of the lease. If you’d like to evict for noncompliance with the lease, then two separate 7 day notices are required.
Step two of the eviction process in Orange County is to file the complaint for eviction with the court. This complaint can only be filed if the tenant does not cure the error (so, pay rent or fix the noncompliance) stated in the notice you’ve already given him. Once we file the complaint, the clerk will issue a summons. We then hire a process server to serve the summons onto the tenant.
Damages, which includes past rent owed and late fees, are included in the complaint, but not the notice.
Next, the third step is to file for a clerk’s default if the tenant does not respond to the summons and complaint . Once the clerk issues the default, we ask the judge for a default judgment.
Finally, with the default judgment, we then obtain a writ of possession and deliver it to the sheriff’s office. That writ is what lets you force the tenant out of the property. It directs the sheriff’s office to return possession of the property to you. Keep in mind that sometimes tenants will leave before the sheriff gets involved, usually by the time the writ is posted.
Expect a legal fee of around $500 for most uncontested evictions. It will take about 3-4 weeks from start to finish. Any mistakes made with the complaint or notices could result in the judge throwing out the eviction and forcing you to start over.