Miami, FL asked in Landlord - Tenant for Florida

Q: If I do not respond to an eviction notice from courts, how long do I have to move out of the house?

I don't have money for last month or this month rent. I intend to pay but am willing to move out because I can't pay within the 5 days the court papers are giving me. I just want to know if they will give me any time to move or if they will just tell me I need to move immediately and then change the locks.

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1 Lawyer Answer

A: Based on your inquiry it appears that you were served with a 5/20 summons. If you take no action, a default would be entered against you and the eviction process will go through the necessary steps, the end result of which would be the issuance and then the execution of the writ of possession by the Sheriff. It is when the Sheriff executes the writ of possession that possession is restored to the Landlord and the locks are changed. So the removal from the premises will not happen within 5 days of service of the Summons but at a later date.

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