A Civil Summons is a formal court order delivered to the tenant by the Sheriff or a process server, initiating the legal process of eviction. It commands the tenant to appear and defend their position in court or file a written response to the landlord's complaint. In Florida, the summons is attached to the eviction complaint and clearly outlines the timeframe for the tenant to act.
How It Applies to Florida Landlords
Once you file an eviction complaint, the clerk of the court issues the summons. It is your responsibility to ensure the summons is delivered to the tenant. The tenant has five business days (excluding weekends and legal holidays) to file a written response with the Clerk of Court. If the tenant fails to file a response within this specific deadline, the landlord may file for a default judgment to expedite the removal process.
Key Takeaways
- Formal notification of the legal action against the tenant.
- Requires the tenant to respond within five business days.
- Must be served by a sheriff or authorized process server to be legally binding.
- Failure to respond allows the landlord to move for an immediate default.