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Old 10-03-2013, 03:19 PM
 
1 posts, read 1,610 times
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I have filed a 3-day notice then the 5-day notice to evict our tenants who are late on August, Sept. now Oct. rents. It's been 23 days since the fist filing on Sept 10 and we await the judge's sign-off on motion for default. Do you know how much longer does it take until the sheriff escorts the tenants out in Lee county, FL?
Is there a way to speed up the eviction process as the tenants intent to stay on as long as they could rent free. What else can I do?

Please help.
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Old 10-03-2013, 07:13 PM
 
27,214 posts, read 46,745,966 times
Reputation: 15667
Quote:
Originally Posted by swfllandlord View Post
I have filed a 3-day notice then the 5-day notice to evict our tenants who are late on August, Sept. now Oct. rents. It's been 23 days since the fist filing on Sept 10 and we await the judge's sign-off on motion for default. Do you know how much longer does it take until the sheriff escorts the tenants out in Lee county, FL?
Is there a way to speed up the eviction process as the tenants intent to stay on as long as they could rent free. What else can I do?

Please help.
Always file immediately and don't wait 3 months....

But having said that don't pick any call or answer any email from tenants when they start begging or making promises.

If the tenants fails to pay all rent into the court registry then you will get a judgment back shortly and make sure you pay for the writ of possession so the sheriff can act fast.

Have a lock smith or handyman ready to change the locks immediately and study the law so you won't get sued by the tenants later and so you know what you can and can't do with the tenants stuff.
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Old 10-04-2013, 02:50 AM
 
10,746 posts, read 26,022,258 times
Reputation: 16033
Quote:
Originally Posted by swfllandlord View Post
I have filed a 3-day notice then the 5-day notice to evict our tenants who are late on August, Sept. now Oct. rents. It's been 23 days since the fist filing on Sept 10 and we await the judge's sign-off on motion for default. Do you know how much longer does it take until the sheriff escorts the tenants out in Lee county, FL?
Is there a way to speed up the eviction process as the tenants intent to stay on as long as they could rent free. What else can I do?

Please help.

It should be coming thru any day, normally an eviction in Lee County takes less than 30 days. They are picky about their paperwork so make sure you t's are crossed and i's are dotted.

Did you actually file for eviction? You mentioned 3 day and 5 day notices, which are usually pay or quit, (come from you, not the court). If are ignored you file (with the court) to have your tenant legally evicted. Once the court order is signed it is then posted on their front door.

Either call the courthouse or take a trip downtown to find out in person.

I hope you get them out soon and get yourself some better tenants. You dont' say where in Lee County you are, but some areas are just prone to crappy tenants. Good luck
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Old 10-05-2013, 01:57 PM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 23,067,590 times
Reputation: 10356
In Florida (as with many states) failure to pay rent into the Court Register amounts to a waiver of all defenses and thus the process can go quickly, amounting in a default judgement. Keep in mind though, the process is never this quick in contested evictions. I dealt with this here on the other end in Pinellas County with my mother's property. Had I not smoked the property manager's joke of a lawyer and got the case dismissed we were looking at roughly 90+ days before it even went in front of a judge.
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Old 10-06-2013, 12:02 PM
 
27,214 posts, read 46,745,966 times
Reputation: 15667
Quote:
Originally Posted by Bosco55David View Post
In Florida (as with many states) failure to pay rent into the Court Register amounts to a waiver of all defenses and thus the process can go quickly, amounting in a default judgement. Keep in mind though, the process is never this quick in contested evictions. I dealt with this here on the other end in Pinellas County with my mother's property. Had I not smoked the property manager's joke of a lawyer and got the case dismissed we were looking at roughly 90+ days before it even went in front of a judge.
Very true...only 2 weeks ago one owner hired a lawyer to handle the eviction and the tenants mailed a motion with a long letter stating repairs they had required (all BS to avoid paying the rent) but faile to put money in the court registry and the judge immediately signed off on the judgment for eviction and the writt of possession and closed the case but it was reopenend due to tenants trying to hold on and filing motion after motion to start paying the rent after the judgment was given and motion to stay...

I assume by now the sheriff must have thrown them out...and this is a mansion so good luck moving their stuff out within 24 hrs....but these tenants got what they deserve.
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