Facing Eviction? Know Your Rights!

As reported by Florida Today, evictions are on the rise in Brevard County.

Yearly statistics for Writs of Possession executed by the Brevard County Sheriff's Office:

2003 -- 2,020
2004 -- 1,900
2005 -- 2,503
2006 -- 2,104
2007 -- 2,571
2008 -- 2,640 to 2,700 (Estimated)

Know your rights as a tenant.

Renter's Rights Online Handbook

Florida Statutes: Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83: Landlord and Tenant

PART II
Residential Tenancies

Steps to an eviction

QUESTION: When does the process start?

ANSWER: After an owner or renter starts defaulting on payments, banks make several attempts to contact the owners, usually through certified letters. If that doesn't work, the banks usually file for a Writ of Possession.

Q: When does the court issue a Writ of Possession?

A: The court inspects the records and issues a writ if the homeowner has defaulted on his mortgage. It is the job of a sheriff's deputy in the civil division to go out and deliver this 24-hour notice of eviction. The deputy then notifies the plaintiff's attorney that the notice has been posted and then meets him the next day to hand over the property.

Q: What is the process for rental evictions?

A: Those who fail to pay their rent usually receive a three-day notice indicating that the landlord has begun the process of eviction. After three days, the landlord can petition the court asking for a 5-day or a 20-day notice. Once the notice is issued by the court, it is the job of deputies to serve the summons. The tenant can answer the complaint in writing while providing a copy to the landlord. If they fail to do that, the court issues a 24-hour eviction notice.

Q: Does the sheriff's office get paid to do this?

A: The sheriff's office is paid $90 by the plaintiff or the banks for every writ of possession delivered. All money collected for this service is returned to the county.