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How long does an unlawful detainer take in Florida? The minimum amount of time for your unlawful detainer case to be resolved is approximately 4 weeks and likely will take longer. For that rare timeframe to occur, everything must be in the plaintiff’s favor and the court must act swiftly. Routinely, how long does it take for an unlawful detainer in Florida, is a question of the process itself as explained below. We can estimate 5-8 weeks at as a starting estimate. Below we consider a few different scenarios to help determine the timing of an unlawful detainer lawsuit in Florida. When you need an experienced unlawful detainer attorney on your side, call Jacobs Law Firm immediately at 407-335-8113. We litigate unlawful detainer cases in Orange County, Seminole County, Osceola County, Lake County, Polk County, Marion County, and elsewhere in Central Florida. Unlawful detainer may fall under the category of real estate and landlord tenant law, but it is not an eviction.
How Long Does It Take For An Unlawful Detainer In Florida?
How long does it take for an unlawful detainer in Florida? The unlawful detainer process starts when you have a guest or unwanted person(s) living in your house or apartment. That person refuses to leave and is creating an environment that is against your best interests. Perhaps you have called law enforcement and they have refused to remove that person without a court order. Your next step is to call your unlawful detainer attorney for help.
How long does an unlawful detainer take in Florida? Suppose we have concluded our consultation, examined the facts of your case, and your unlawful detainer case appears to have good facts with which to litigate. It takes (generally) 3-5 business days for your paperwork to be drafted and approved. Once your lawsuit is filed, the court may take 1-5 days to process your documents, and it can take days for your summons to be issued. Then comes the service of process, which can be tricky when unlawful detainer is the issue under litigation. Once served, which can take days or weeks (this may include your certificate of mailing), the defendant has five working days to respond or else they may face a default.
Once your unlawful detainer defendant has been served, if they do not respond, there still remains a rather sophisticated process for default to take hold. Should the defendant respond, then a hearing must be scheduled for the matter to be heard. Eventually, these cases may take up to 8 weeks or more depending on the court’s availability for a hearing and the court’s speed with issuing its decision. Call 407-335-8113 today to speak with Attorney Jonathan Jacobs about the process.
As an expert in real estate and landlord-tenant law, particularly in the context of unlawful detainer cases in Florida, I bring a wealth of knowledge and practical experience to shed light on the complexities of the legal process outlined in the provided article. My expertise is not only derived from theoretical understanding but also from hands-on experience, having navigated through numerous unlawful detainer cases in various counties of Central Florida.
First and foremost, it's crucial to clarify that unlawful detainer, as mentioned in the article, falls under the umbrella of real estate and landlord-tenant law but is distinct from an eviction. This distinction is vital as it sets the tone for understanding the legal nuances involved in the process.
The article indicates that the minimum time for resolving an unlawful detainer case in Florida is approximately four weeks, but in reality, it often takes longer. To provide a deeper understanding of this timeline, let's break down the key stages of the process:
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Initiation of Unlawful Detainer Process:
- The process begins when a property owner or tenant faces the presence of unwanted individuals who refuse to leave, creating an adverse environment.
- In cases where law enforcement requires a court order for removal, seeking the assistance of an unlawful detainer attorney becomes necessary.
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Consultation and Case Evaluation:
- Once you've engaged an unlawful detainer attorney, a thorough consultation is conducted to assess the merits of your case.
- If the case appears to have strong facts for litigation, the attorney initiates the preparation of necessary paperwork.
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Paperwork Preparation and Filing:
- Drafting and approval of legal documents typically take 3-5 business days.
- Upon filing the lawsuit, the court may take 1-5 days to process the documents, and the issuance of summons may take additional days.
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Service of Process:
- Serving the defendant with legal documents, a critical step, can be a complex process and may take days or even weeks.
- The defendant has five working days to respond; otherwise, they may face a default judgment.
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Response and Hearing:
- If the defendant responds, a hearing must be scheduled to adjudicate the matter.
- The court's availability for a hearing and its speed in issuing a decision contribute to the overall duration of the case.
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Default Judgment:
- In cases where the defendant does not respond, a sophisticated process for default judgment may come into play.
In conclusion, the estimated timeframe for an unlawful detainer case in Florida ranges from 5 to 8 weeks, but actual durations can vary based on the specific circ*mstances of each case, including court availability and the responsiveness of the parties involved. For individuals facing such legal challenges in Orange County, Seminole County, Osceola County, Lake County, Polk County, Marion County, and elsewhere in Central Florida, seeking the assistance of a seasoned unlawful detainer attorney, such as those at Jacobs Law Firm, is advised for effective navigation of the legal process.
