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Possession/eviction: 5 day and 20 day summons

Miami, FL |

If landlord file 5 day and 20 day summons together, will there be any problem in obtaining default judgment and possession (5 day summons) because of 20 day summons? (e.g. judge wait until 20 day period over to issue default?)

I know I have to file motion for default. I am only asking judge/court's standpoint. Thanks

Attorney Answers 4

Posted

The 20 day summons applies to damage claims. It should not effect the issuance of a final judgment of eviction if no rental is paid into the registry OR the lease was validly terminated.

The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505

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Posted

Probably not. The landlord was just covering all bases in case one didn't work. Both would be considered by the judge.

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Posted

Evictions are filed in two counts (although count II is optional). Count I is merely for possession and required a 5-day summons. Count II is for back-rent/damages and requires a 20 day summons.

Both are separate matters and require separate hearings if necessary.

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2 comments

Rex Edward Russo

Rex Edward Russo

Posted

Agree, except that the form summons for evictions covers both the 5-day and 20-day times under both counts. No need for separate summons anymore.

Carol Lynne Zimmerly

Carol Lynne Zimmerly

Posted

Yes. I've been using the hybrid summons since 1995. I was hybrid, when hybrid wasn't cool......

Posted

There should be no problem.
Landlords file count one and count two actions all the time.

When you prepare your paperwork, make sure it says, "Motion for Final Judgment
on Count One", not just "Motion for Final Judgment" so it is very clear.
Do that for all pleadings so it is clear to the clerk and the judge.

Good luck!

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1 comment

Rex Edward Russo

Rex Edward Russo

Posted

There is case law stating that a case should have only one "FINAL" judgment, since the word "final" is a flag of sorts indicating that the case is moving toward closed status and the loss of the court's jurisdiction. I file a motion seeking a Judgment for Possession only under count I, and later (after the 20 days, or trial) a request for Final Judgment that awards all the monetary damages. But, making it clear on which count, as you indicated, prevents a lot of problems.

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