13 Eviction Summons Residential – Pasco County, Florida
The “Eviction Summons Residential” form, as outlined in the document from Pasco County, Florida, serves as a legal notification to a tenant about the commencement of an eviction process due to specified grievances listed in an attached complaint. This summons informs the tenant of their legal rights and the necessary actions they must undertake to contest the eviction.
The document also stipulates a tight deadline for these responses, generally within five working days from the service of the summons. Failure to comply within this timeframe may lead to eviction without further notice or hearing. Additionally, if the complaint includes claims for monetary damages beyond eviction (e.g., unpaid rent), the tenant must address these claims separately within 20 days.
The form also includes specific instructions for tenants who are unable to afford legal representation, suggesting resources for legal aid and stressing the importance of proper court conduct.
Filling out this form involves several critical steps. This guide will help you understand and complete each section appropriately:
General Information
- Plaintiff(s): Enter the name(s) of the landlord(s) or property manager(s) initiating the eviction.
- Defendant(s): Enter the name(s) of the tenant(s) being evicted.
- Case Number and Division: These details will be provided by the court when you file the complaint.
Service of Summons
To the tenant: Provide the full name and address of the tenant(s) as listed in the rental agreement. This information ensures the summons is directed to the correct individual(s).
Detailed Instructions for Filling Out the Form
Section 1: Completing the Summons
- Date: Fill in the date when the summons is being issued.
- Deputy Clerk: The court clerk or authorized person will sign and seal the summons.
Section 2: Instructions to the Defendant
This section is crucial as it informs the defendant of the actions they must take:
- Written Response: The defendant must provide a written explanation for why they should not be evicted. This needs to be filed with the Clerk and Comptroller at the addresses provided:
- Robert D. Sumner Judicial Center, 38053 Live Oak Avenue, Dade City, FL 33523
- West Pasco Judicial Center, 7530 Little Road, New Port Richey, FL 34654
- Copy to Plaintiff/Plaintiff’s Attorney: A copy of the written response must also be sent to the plaintiff or the plaintiff’s attorney. Ensure to fill in the correct address of the plaintiff or their attorney as applicable.
- Rent Payment: The defendant is required to pay the amount of rent claimed as due in the complaint into the court registry. If the defendant disputes the amount, a motion can be filed with the court to determine the correct amount. Payments must be made to Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller, either in cash, cashier’s check, or money order.
- Legal Representation: Information about obtaining legal representation or legal aid is provided if the defendant cannot afford an attorney.
Additional Steps
- Accessibility: If the defendant requires any accommodations due to disabilities, they are instructed to contact the Pasco County Customer Service Center or the Pasco County Risk Management Office well in advance of their court appearance.
- Dress Code: Remind the defendant about the dress code requirements for the court appearance.
Final Checklist
- Ensure that all filled sections are reviewed for accuracy.
- Verify that all necessary documents are attached and that copies are sent to all relevant parties.
- Double-check that all filing deadlines are clear to the defendant to avoid default judgments.
By following these detailed steps, you will ensure that the Eviction Summons/Residential form is correctly filled out and processed, minimizing errors and legal setbacks.