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rayanswers, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 36398
Experience:  30 years as a Texas lawyer dealing in landlord tenant
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Explain how to take tenant to small claim court because

Customer Question

explain how to take tenant to small claim court because tenant has not paid rent
since April and refuse to move. Gave tenant the option to pay May rent and keep June
rent and move. Letter sent to pay rent or quit.
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  rayanswers replied 4 months ago.

Hi and welcome to JA. Ray here to help you today.

Here is the proper notice, you may have already sent this.$FILE/FORM%201.pdf?OpenElement

Petition you file where you are located.$FILE/FORM%205.pdf?OpenElement

Summons and judgement for eviction and rent here.!OpenDocument

I appreciate the chance to help you today.Thanks again.

Expert:  rayanswers replied 4 months ago.

If a tenant has not paid his rent, the landlord is required to give his tenant a three day notice in writing tovacate the premises or pay the rent. After three full days (Excluding Saturdays, Sundays, and legal holidays) have elapsed from the date of the notice (notcounting the date the notice is delivered to the tenant), if the tenant has not complied with the notice, the landlord then comes to the Clerk’s Office and files his complaint for eviction of the tenant. Fla Statute 83.56

Expert:  rayanswers replied 4 months ago.

When the eviction complaint is filed, the Clerk will issue a five day summons and send it to the sheriff forservice on the tenant. The tenant will have five working days in which to file a written response to thesummons with the Court or to vacate. If a written response is made, a hearing will be set before the judgeassigned to the case and hearing notices will be sent to each party. If no response is made, the landlord maycome back to the Clerk’s Office, with a Motion for Default, and pay another $90.00 to the sheriff (Businesscheck or money order payable to the Escambia County Sheriff or you can take cash to Sheriff Dept.). Youwill need to complete and submit three (3) copies of a Judgment for Possession for the judge to sign, and three (3) copies of a completed Writ of Possession to be issued bythe Clerk’s Office.

The Sheriff’s Department will serve the tenant with a notice to vacate. If the tenant doesnot vacate the premises, the Sheriff will then proceed to evict the tenants.

If the tenant should vacate the premises or pay the rent prior to the landlord filing their Motion for Default,the landlord should notify the Clerk’s Office in writing and submit an Order of Dismissal for the Judge to sign.

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