Eviction Summons/Residential – Pinellas County Florida
The document is a standardized form used in the county courts of the Sixth Judicial Circuit in Pinellas County, Florida. It serves as an “Eviction Summons / Residential” and is issued to tenants by a landlord or property owner who is initiating a legal eviction process. The form is identified as “Form 1.923,” last revised in February 2021.
This form notifies tenants that they are being sued to vacate the residential property they currently occupy due to reasons specified in an attached complaint. It outlines specific legal steps the tenant must undertake within five business days of receiving the summons to contest the eviction. These steps include submitting a written defense to the Pinellas County Clerk of the Circuit Court, paying any claimed rent to the Clerk’s office, and potentially filing a motion to dispute the claimed rent amount.
Additional instructions include contacting legal aid if necessary and responding to any claim for money damages separately from the eviction claim. The form also provides contact information for the Pinellas County Office of Human Rights for individuals with disabilities who may need accommodations to participate in court proceedings.
Overall, the document is a crucial legal tool that ensures tenants are properly informed about their rights and the procedures they must follow when faced with an eviction lawsuit.
To properly fill out the Eviction Summons (Form 1.923) for residential purposes in Pinellas County, Florida, follow these detailed instructions:
Step-by-Step Guide to Completing the Eviction Summons
Completing the Heading Information
- Case Number: Enter the case number assigned by the court. If you are filing the form, this may be provided by the court clerk.
- Plaintiff(s): Write the name of the landlord or property owner initiating the eviction.
- Defendant(s): Enter the name of the tenant(s) being evicted.
Addressing the Summons
- TO Section: Write the full name of the tenant(s) as it appears in the rental agreement.
- Add the complete address of the property involved in the eviction process beneath the tenant’s name.
Filling Out the Body of the Summons
Property Address: Include the specific address of the property from which the tenant is being evicted. This information clarifies the location pertaining to the eviction.
Responding to the Summons
Tenant’s Instructions: If you are assisting a tenant in responding to the summons:
- Write a Defense: The tenant needs to list reasons why they should not be evicted. This response should be filed with the Pinellas County Clerk of the Circuit Court at 315 Court Street, Room 170, Clearwater, Florida 33756.
- Copy to Plaintiff or Plaintiff’s Attorney: A copy of the defense should also be mailed or given to the plaintiff or their attorney. Ensure you have the correct contact information for the plaintiff’s attorney to include in the form.
Financial Obligations
- Amount of Rent Due: If the summons includes a claim for unpaid rent, the tenant must pay the specified amount to the clerk’s office unless disputing the amount.
- Disputing Rent Amount: If disputing, the tenant must file a motion to determine the correct amount and provide evidence supporting their claim.
Additional Legal Requirements
- Legal Deadlines: Emphasize the importance of meeting all deadlines:
- Responding to the eviction claim within 5 business days.
- Addressing any claims for money damages within 20 days.
- Motion for Rent Determination: If a motion to determine rent is filed, contact the judge’s office immediately to schedule a hearing.
Court Contact Information
Include contact details for the Pinellas County Clerk of the Circuit Court for filing documents and any payment related to the case.
Accommodations
If applicable, note any required accommodations for disabilities and provide contact information for the Pinellas County Office of Human Rights for assistance.
Legal Assistance
List resources for legal aid and attorney referral services available for the defendant, such as Bay Area Legal Aid, Community Law Program, and Gulfcoast Legal Services.
Service of Summons
- Sheriff’s Command: Ensure the sheriff’s section is filled out, indicating they are commanded to serve the summons to the defendant(s).
Finalizing the Form
- Check for Completeness: Double-check all entries for accuracy and completeness.
- Signature and Date: The form needs to be signed and dated by the deputy clerk of the Pinellas County Clerk of the Circuit Court.
Make sure to keep copies of all filled-out forms for your records and provide all necessary copies to the parties involved and the court. This ensures that all procedural requirements are met to proceed with the eviction legally and efficiently.
Disclaimer: This guide is provided for informational purposes only and is not intended as legal advice. You should consult the Residential Tenancies Act or a legal professional.