Fort Myers, FL asked in Real Estate Law for Florida

Q: Regarding evicting "unknown tenants in possession": do these words have to be on the complaint and summons and do they

(the unknown) get a separate summons by a server?

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1 Lawyer Answer
Scott M. Gross
Scott M. Gross
  • Tampa, FL
  • Licensed in Florida

A: Is this an eviction action after a foreclosure? Adding unknown tenants is standard operating procedure in a foreclosure action. A motion for writ of possession (the eviction proceeding after foreclosure) will typically also list the unknown tenants because the motion is a continuation of the original foreclosure action. Unknown tenants do get served (or service is attempted) separately from known parties. There have been some recent lawsuits dealing with whether or not fees charged to a defendant for service or attempted service on unknown parties is proper.

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