I was givin a 5 day eviction summons, I want to respond to it and set a court date. will this buy me more time? How long will it take to be evicted if I set a court date?
Family Law Attorney
If you respond to the eviction complaint with an answer, then the clerk will set a court date for trial. Eviction are time sensitive, thus hearings tend to happen within a couple of weeks. Is this eviction for non payment of rent? If so, please note than any monies paid must go into the clerk of court registry, which is outlined in your summons.
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2 lawyers agree
Landlord / Tenant Lawyer
The summons you received will inform you that a response must be filed with the Clerk within 5 days (exclusive of holidays and weekends). If the eviction was for non-payment of rent, Florida Statute 83.60(2) requires that you deposit all rent alleged due in the eviction complaint with the Clerk. The only way to avoid paying the rent right away is to file a motion along with your answer (or somehow incorporated within your answer) a request to have the judge determine the actual amount of rent that is due. A hearing will be set fairly quickly and then the judge will determine the rent due based on testimony provided. If all you do is file an answer and do not deposit any rent (presuming the eviction was for non-payment), the landlord could move for a default by the judge and supply final judgment for possession paperwork. This would be done without a hearing and a writ of possession would be issued by the Clerk soon after the judgment is signed. As to your question, the timeline of being evicted really depends on the efficiency of the Clerk's office and then the judge.
1 lawyer agrees
Landlord / Tenant Lawyer
You must read the summons carefully and follow the instructions. I advise to file an answer with the court and deposit all monies owed. if you do not both file an answer and deposit all monies owed, the judge may decide to sign a final judgment in favor of the plaintiff.
Anything you file with the court should be honestly filed. You must not state that you wish a rent due hearing to determine rent due unless you are honestly confused about how much is due, how much you have paid the landlord, how much credit the landlord gave you for a particular item, etc.