Can an eviction action be filed against a tenant?
During the coronavirus pandemic (COVID-19), the Florida Supreme Court issued an Administrative Order (AOSC20-23) and the Governor of the State of Florida issued Executive Orders (20-94, 20-121, and 20-137) outlining what types of evictions can be filed and what processes cannot be completed regarding all evictions. Please review those documents before proceeding.
If an eviction has been filed against a tenant, can they be evicted?
The process includes filing the complaint, notice to the tenants, Clerk’s default, default final judgment from the judge, and the final document is a writ of possession. Currently, Florida Supreme Court Administrative Order 20-23 does not allow the court to issue any writs of possession that would remove a tenant from their property. This remains in effect until further order from the Supreme Court.
Do I have to come to the courthouse if there is a hearing?
No, all hearings are being heard by video/telephone conference. Please read the notice of hearing for instructions on how to appear via Zoom.
Are Clerks issuing a Clerk’s default if the tenant does not file any document with the court in response to the eviction?
Yes, the Clerk will still issue a Clerk’s default letting the judge know that the tenant did not file any document with the court in response to the complaint for eviction. The Clerk’s office is open and you may file electronically through the e-filing portal, by mail, or in person at our offices.
Once an eviction case is filed against me, can I pay my rent at the Clerk’s office?
Yes, the Clerk’s office is open 8 a.m. - 4 p.m. and will accept payment to be placed into the registry. The Clerk accepts cash, certified bank check or money order. Please keep in mind that there is a registry fee charged with each deposit.
What is the difference between a Clerk’s default and a default final judgment?
A Clerk’s default is filed by the Clerk to advise all parties and the judge that the tenant did not file a pleading or document in response to the complaint filed against them. A default final judgment is issued by the judge and is a final order on the tenant eviction. The next step would be a writ of possession.
What is a writ of possession?
A writ of possession is provided to the landlord by the Clerk’s office once the final judgment is entered. The sheriff will serve this document on the tenants and it gives the sheriff the power to remove the tenant from the property. At this time, writs of possession are not being issued by the Clerk’s office pursuant to Florida Supreme Court Administrative Order AOSC20-23.