In Florida, property owners who wish to regain possession of their property from an occupant, who has no permission to occupy the premises, can file an Unlawful Detainer action under Florida Statutes ch. 82. For the court to gain jurisdiction over the occupant, proper service of process must occur, which involves delivering a Summons issued by the court clerk to the occupant according to law. This article provides guidance on the essential steps for landlords to ensure correct service of process in Unlawful Detainer actions in Florida.
Understanding Service of Process in Unlawful Detainer Actions
Florida’s Unlawful Detainer statute (F.S. ch. 82) allows landlords to serve the Defendant according to F.S. 83.05(1):
“After at least two attempts to obtain service as provided by law, if the defendant cannot be found in the county in which the action is pending and either the defendant does not have a usual place of abode in the county or there is no person 15 years of age or older residing at the defendant’s usual place of abode in the county, the sheriff must serve the summons and complaint by attaching them to some conspicuous part of the real property involved in the proceeding. The minimum amount of time allowed between the two attempts to obtain service is 6 hours.”
In simpler terms, a process server must attempt to serve the occupant personally at the property’s location. If the occupant either has no usual place of abode in the county or no adult over 15 is present at the residence, the process server can post the Summons and complaint at a visible location on the property. Importantly, two attempts must be made at least six hours apart before posting the Summons at the real property.
Additional Rules for Serving Unknown Occupants
If an Unlawful Detainer action includes an “unknown party in possession,” Florida law mandates further specific requirements. F.S. 48.184 outlines that if service cannot be made on the unknown occupant on the first attempt, an additional two attempts must be made, making a total of three attempts. The timing of these attempts is also specific:
- One attempt must be during regular business hours.
- One attempt must be after business hours.
- One attempt must be on a weekend.
Furthermore, the process server must inquire about the name of the unknown occupant. If the occupant’s name is provided, it must be included in the return of service. If not, the process server must note that the name could not be obtained after inquiry.
Key Steps for Proper Service in Unlawful Detainer Actions
- Make Two Attempts for Known Occupants: Ensure that two personal service attempts are made at least six hours apart at the property location.
- Post Summons If Necessary: If no suitable occupant is present, post the Summons and complaint at a conspicuous spot on the property to satisfy service requirements.
- Additional Attempt for Unknown Occupants: For unknown occupants, make an extra attempt to serve in business hours, nonbusiness hours, and on a weekend to meet statutory requirements.
- Document Service Diligently: Maintain detailed records of each service attempt, including times, dates, and responses, for proof if needed in court.
By following these steps and observing Florida’s specific service of process rules, landlords can ensure the court gains jurisdiction in Unlawful Detainer actions, avoiding delays and complications.
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