When it comes to getting evictions in Sarasota or Manatee County, one of the largest challenges is making sure that you satisfy the procedural requirements. Landlords looking for evictions in Florida should know that the first step is properly serving the resident with notice. Without proper service of process, it is impossible to get evictions in Sarasota and Manatee County. Serving eviction papers on the resident is important because it gives him notice of the impending action and because it satisfies the court’s rules.

Evictions in Sarasota and Manatee Counties must go through a long process where the landlord starts with properly serving the resident and continues by filing with the court.  From there, the sheriff’s offiice will handle posting a notice. Before any evictions  can take place,  landlords MUST properly serve notice.

Many people today are turning to a professional process server to handle serving eviction papers. This is because the court will not allow the eviction proceeding unless the job is done right. Unless the person is served in the right way and in the right place, an eviction cannot go forward. Though it is unfortunate, some cases are thrown out when the process serving is not done correctly. It should go without saying that such an important part of the process should be handled by professionals. Southeast Legal Services can handle this difficult part of the eviction proceeding, doing it right and saving time for landlords.


Guidelines for Residential Eviction Non-payment of rent, POSSESSION ONLY: 


STEP ONE: Prepare and serve the Notice All evictions start with a notice. A Three Day Notice gives the tenant three business days, from the day after the notice is given, to make payment or deliver possession of the premises to the landlord. Service may be accomplished by mail, hand delivery or posting.


STEP TWO: File the ComplaintAfter three days, the landlord may file the Complaint for Eviction with the Clerk of Court. The complaint must be signed by the landlord or property manager. When the original Complaint and any supporting documents (Three Day Notice and copy of lease) are filed, two identical copies of each document filed must also be provided for service to each tenant. The Court may consider the proof of service of the notice when making a ruling on a residential eviction.


STEP THREE: Issuance of Summons After the complaint is filed and the filing fee paid, a clerk will issue the Eviction Summons for each tenant. The Eviction Summons gives the tenant five business days from the day after the summons was served to respond. The landlord must provide three summons for each tenant named in the complaint. The summons must be served by the Sheriff or a private process server.


STEP FOUR: Certificate of Mailing The Sheriff or process server is required to make two attempts, six hours apart, to serve the summons. If the tenant is not able to be served, the summons can be served by posting to a conspicuous part of the building. If this occurs, the landlord must request the Clerk mail a summons and copy of the complaint to each tenant. Individual envelopes with postage should be provided to the Clerk at the time of filing the complaint.


STEP FIVE: Default After five days have passed and no answer has been filed, the landlord may file the appropriate Motion for Default. The landlord must come into the Clerk’s office to complete Default and Final Judgment for Possession documents. After completion, the Clerk will forward these documents to the Judge for action.


STEP SIX: Writ of Possession After the Judge has signed the Final Judgment for Possession, the landlord or representative must come to the Clerk’s office to request a Writ of Possession. The Clerk will prepare the document. The landlord or representative must deliver the Writ of Possession to the Sheriff’s office, with a fee payable to the Sheriff. The Sheriff will post the Writ of Possession on the subject property; after 24-hours have passed, the Sheriff will return to the property to evict the tenant. 

***THE WRIT MUST BE SERVED BY THE SHERIFF, NOT A PROCESS SERVER


Guidelines for Residential Eviction—Non-payment of rent (Possession/Damages)


STEP ONE: Prepare and serve the Notice All evictions start with a notice. A Three Day Notice gives the tenant three business days, from the day after the notice is given, to make payment or deliver possession of the premises to the landlord. Service may be accomplished by mail, hand delivery or posting.


STEP TWO: File the Complaint After three days, the landlord may file the Complaint for Eviction with the Clerk of Court. The complaint must be signed by the landlord or property manager. When the original complaint and any supporting documents (Three Day Notice and copy of lease) are filed, two identical copies of each document filed must also be provided for service to each tenant. The Court may consider the proof of service of the notice when making a ruling on a residential eviction.


STEP THREE: Issuance of Summons After the complaint is filed and the filing fee paid, a clerk will issue the Eviction Summons for each tenant. The Eviction Summons gives the tenant five business days from the day after the summons was served to respond. The landlord must provide three summons for each tenant named in the complaint. The summons must be served by the Sheriff or a private process server.


STEP FOUR: Default as to Count I-Possession After five days have passed and no answer has been filed, the landlord may file the appropriate Motion for Default as to Count I, Possession. The landlord must come into the Clerk’s office to complete Default and Final Judgment for Possession documents. After completion, the Clerk will forward these documents to the Judge for action.


STEP FIVE: Writ of Possession After the Judge has signed the Final Judgment for Possession, the landlord or representative must come to the Clerk’s office to request a Writ of Possession. The Clerk will prepare the document. The landlord or representative must deliver the Writ of Possession to the Sheriff’s office, with a fee payable to the Sheriff.  The Sheriff will post the Writ of Possession on the subject property; after 24-hours have passed, the Sheriff will return to the property to evict the tenant.


STEP SIX: Default as to Count II-Damages After twenty calendar days have passed and no answer has been filed, the landlord may file a Motion for Default as to Count II, Damages. The landlord must come into the Clerk’s office to complete the appropriate Default and Judgment. After completion, the Clerk will forward these documents to the Judge for action. STEP SEVEN: Recording the Final Judgment in Official Records To protect your entitlement to collect on the money judgment issued by the Court, you may create a lien by recording a certified copy of the judgment. Recording the judgment constitutes a lien. 


*Please Note that for a Residential Eviction-Non-Payment of Rent (Possession/Damages) the Summons must be personally served on the tenant and may NOT  be posted.  

EVICTIONS BY PRIVATE PROCESS SERVER

SERVING SARASOTA AND MANATEE COUNTIES

EVICTIONS-SERVICE OF PROCESS

SOUTHEAST LEGAL SERVICES                         
CALL US  941-264-5545
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