A Default Judgment is a ruling by the court in favor of the landlord because the tenant failed to contest the eviction lawsuit within the mandated five-day response period. When the tenant does not file a formal answer or pay the required rent into the court registry, the landlord can request that the judge sign an order for possession without the need for a full trial.
How It Applies to Florida Landlords
This is a critical tool for Florida landlords to expedite the recovery of their property. Once the five-day response window passes, you should verify with the Clerk of Court that no response was filed. You then file a Motion for Default and a Motion for Final Judgment. If granted, the clerk or judge will issue a Writ of Possession, which is then sent to the local Sheriff’s office to physically remove the tenant if they have not already vacated. It essentially bypasses a lengthy courtroom hearing.
Key Takeaways
- Only available if the tenant fails to respond to the summons.
- Significantly shortens the time required to regain possession.
- Requires filing specific motions with the Clerk of Court.
- Often leads directly to the issuance of a Writ of Possession.