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  1. It will depend on what the response states and what the judge wants to do. If the lease has an expiration date and a notice clause, be sure to review the notice clause to see what kind of notice you need to give the tenant to let the tenant know that the lease will not be reviewed. The lease will not control if the notice provision is less than the Florida statute.

  2. You will also need a summons for each defendant you have named in your complaint. Move forward with a Default, or Deal with the Response If after the 5 days tolls the tenant fails to respond to the complaint by filing papers with the Clerk, you can move forward with obtaining a default judgment. Step 2 — File Suit If the tenant remains on the premises after the notice period, then your next step is to file a lawsuit in County Court. You will need to either hire a private process server or the Sheriff to do that for you.

  3. If the lease has an expiration date and a notice clause, be sure to review the notice clause to see what kind of notice you need to give the tenant to let the tenant know that the lease will not be reviewed. With that said, this article is designed to provide the reader with a brief overview and understanding of the process. Sometimes the tenant will not respond, other times they will respond.

  4. Step 1 — Terminate the Lease If there is no written lease, then you have an oral lease. If the tenants put up a fight, then it will all come back to ensuring that the notice was properly served, the complaint properly drafted, and all the other rules of landlord tenant law were followed. Step 3 — Serve the Tenant Once your complaint has been filed and your summons has been issued, you will want to have your summons and complaint served upon your tenant. If the tenant does file a response, then you may have to attend a hearing.

  5. It will depend on what the response states and what the judge wants to do. Step 2 — File Suit If the tenant remains on the premises after the notice period, then your next step is to file a lawsuit in County Court.

  6. Before moving any further through this article, please understand that your best bet when contemplating the eviction of a tenant, is to consult an experienced landlord tenant lawyer. The lease will not control if the notice provision is less than the Florida statute. Move forward with a Default, or Deal with the Response If after the 5 days tolls the tenant fails to respond to the complaint by filing papers with the Clerk, you can move forward with obtaining a default judgment. Final Thoughts Evicting a holdover tenant, like any legal proceeding, can be a mixed bag.

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