When dealing with eviction cases in Florida, ensuring that every step of the legal process is followed properly is critical to avoid costly delays or legal challenges. One very important component of any eviction case is the service of process—the formal delivery of a variety of legal documents to the tenant. Process service ensures that tenants are notified about the legal action being taken against them and gives them the opportunity to respond in court. In this post, we’ll explain why process service is so important and how it works in Florida for eviction cases..
The Role of Service of Process in Eviction Cases
Eviction is a legal method to remove a tenant from a rental property that requires landlords to adhere to specific laws and protocols. Before a landlord can lawfully evict a tenant, the tenant must receive notice of the impending eviction, which is where service of process comes into play. By formally serving the tenant with eviction-related notices, landlords ensure that tenants are aware of the eviction lawsuit and are given the chance to defend themselves if they choose.
Inaccurate or improper service of process can lead to big problems for landlords in eviction cases. If the tenant does not receive notice as required by Florida law, the court may dismiss the eviction case, forcing the landlord to start the process over. This could result in unnecessary delays, loss of rental income, and increased legal fees. Using a professional and reliable process server is essential to prevent these unwanted situations.
Types of Eviction Notices in Florida
Before an eviction lawsuit is filed, the landlord must serve the tenant with a written eviction notice. The type of notice depends on the reason for the eviction, and each has specific requirements for service. The most common eviction notices in Florida include:
- Three-Day Notice to Pay Rent or Quit: Issued when a tenant fails to pay rent. This notice gives the tenant three business days (excluding weekends and holidays) to either pay the rent or vacate the property.
- Seven-Day Notice to Cure: Issued when a tenant violates a term of the lease, such as having unauthorized pets or causing damage. The tenant is given seven days to remedy the violation.
- Seven-Day Unconditional Quit Notice: Used for more serious lease violations, such as illegal activities or repeated offenses. The tenant is given seven days to vacate the property without an opportunity to fix the issue.
The Importance of Proper Service of Process
Once the eviction notice has been delivered and the tenant fails to comply, the next step is to file an eviction lawsuit. After filing the lawsuit, the tenant must be served with the legal documents, which typically include a summons and complaint. In Florida, service of process must be completed by a local sheriff, a certified process server, or a person specifically authorized by a judge. A professional process server ensures that the legal documents are delivered to the tenant adhering to Florida’s strict guidelines. Failure to serve the tenant properly will result in delays and increased costs, or in a worst case scenario, a case dismissal.
Methods of Service in Florida
In Florida, there are specific methods that must be followed when serving eviction documents:
- Personal Service: The process server delivers the documents directly to the tenant. This is the most effective and preferred method of service.
- Service by Substitution: If the tenant is not home, the process server can leave the documents with another adult residing at the property, if approved by a court order.
- Service by Publication: In cases where the process server is unable to personally serve the tenant after multiple attempts, they may publish notice of the documents in a local newspaper or other popular news outlet. After the notice is published for a set amount of time, a judge can order that the tenant is officially served.
- Electronic Service: Although still in its infancy, electronic service is becoming more popular in our increasingly digital world. Electronic service almost always requires a direct court order before it may be used, and is only allowed in very limited cases.
How Accurate Service Helps Landlords and Attorneys
At Accurate Serve® Jacksonville, we are committed to providing timely, accurate, and efficient service of process to help landlords and attorneys navigate the eviction process smoothly. Here are some of the benefits of working with us:
- Fast Turnaround: We understand that time is critical in eviction cases, so we prioritize fast service to help you move your case forward.
- Compliance with Florida Law: Our process servers are trained in Florida’s specific legal requirements, ensuring that every service of process is legally compliant and valid.
- Real-Time Updates: We provide real-time status updates so you can track the progress of your service of process and stay informed throughout the entire process.
- Experienced Team: Our Jacksonville team is familiar with the local courts and procedures in Jacksonville, Orange Park, and St. Augustine, giving you the confidence that your case is in good hands.
Service of Process in Jacksonville, Orange Park, and St. Augustine
Accurate Serve® in Jacksonville provides fast and reliable service of process for eviction cases throughout Jacksonville, Orange Park, and St. Augustine. Whether you’re a landlord handling a residential eviction or an attorney representing clients in eviction cases, we understand the importance of serving documents quickly and accurately.
Start working with JAX’s premier process service agency today by calling us at the numbers listed below or by sending us a work request online.
Jacksonville office – 904-735-7810
Orange Park office – 904-579-2232
St. Augustine office – 904-671-8482
