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FILING AN EVICTION - Florida

  Florida Landlord Tenant Law

Instructions for the Completion of a Landlord and Tenant Action
(Chapter 83 Florida Statutes)

NOTE: The forms used for filing an eviction for possession only, may be obtained from the Clerk of Courts.

Step I. Three-Day Notice to Tenant(s) - The statutory, three-day Notice to Tenant(s) must be served by mail, hand delivered or posted prior to filing an Eviction Action.

Step II. Paperwork and Filing Fee Needed for Filing Eviction After Giving Tenant(s) the Three-Day Notice

  • Complaint for Tenant Eviction (form may be obtained from Clerk)

  • Copy of the three-day, statutory Notice to Tenant (defendant)

  • Lease/Rental Agreement (if applicable)

  • Filing Fee of (Check with your County Clerk) in form of cash, check, MasterCard or Visa, certified check, or money order payable to (Check with your county clerk).

  • Service of Summons Fee of $??.?? for each tenant (defendant) in form of check or money order and payable to SHERIFF OF YOUR COUNTY, plus a self-addressed stamped envelope with sufficient postage.

Step III. Copies and Other Attachments - Make copies of all forms and related documents for your records.

The following copies must be submitted with the documents from Step II:

  • Original Complaint for Tenant Eviction and two copies for each tenant (defendant). Please verify on the Complaint, the Eviction address, the apartment number and spelling of the street address for correctness, in order for the  County Sheriff's Office to serve the Five (5) day Summons without delay.

  • Copy of the Statutory Notice to Tenant and Lease/Rental Agreement, along with two additional copies for each tenant (defendant).

  • Two legal size (#10) envelopes for each tenant (defendant) and one for yourself (plaintiff). Envelopes must be addressed to each tenant (defendant), yourself (plaintiff) and contain sufficient postage to mail copies of the complaint, three-day notice, lease/rental agreement (if applicable) and summonses.

Step IV. Filing and Service of Summons -  You may file your case with the Clerk of the Court either in person or by mail, at any of the locations listed. The clerk will handle the service of your Complaint only if the Eviction is in Palm Beach County.

Fees:

  • Make sure to have cash, check, MasterCard or Visa, certified check, or money order payable to YOUR CLERK, Clerk & Comptroller, in the amount of $(Verify amount) and

  • Certified check or money order payable to the Sheriff of YOUR County in the amount of $20.00 (Verify Amount)

Step V. What to Expect After Filing - Once you have filed your Complaint with the Clerk of Court, and after the other party (defendant) has been served, he or she has 5 (five) business days to respond to the Complaint, excluding the day the Summons is served, Saturdays, Sundays and Legal Holidays.

You may contact the Clerk of Court, County Court Civil Division by telephone to verify if the tenant(s) has responded to the Complaint. If the Tenant(s) fails to respond, you may continue with the following steps:

Step VI. Paperwork Required to Obtain Judgment for Eviction

  • Motion for Default (form may be obtained from Clerk)

  • Final Judgment (form may be obtained from Clerk)

Step VII. Originals, Copies and Attachments

  • One original completed Motion for Default.

  • One original completed Final Judgment: one copy for each tenant (defendant) and one copy for yourself.

  • One stamped legal size (#10) envelope for each tenant, and one stamped/addressed to you.

NOTE: If the Tenant (defendant) does not vacate after Final Judgment has been entered, you will need to obtain a Writ of Possession from the Clerk.

Step VIII. Obtaining a Writ of Possession

  1. Contact the Clerk in person or mail and request the issuance of the Writ of Possession.

  2. The Sheriff will require a fee of $(CHECK AMOUNT) for service of the Writ of Possession in form of check, cashiers check or money order, payable to SHERIFF OF YOUR COUNTY.

  3. Self-addressed stamped envelope.

  4. Completed Sheriff Information Sheet. (Form may be obtained from the Clerk).

    YOU SHOULD CONTACT THE  COUNTY SHERIFF'S OFFICE  FOR ADDITIONAL INFORMATION RE: THE WRIT OF POSSESSION OR OTHER SERVICES OR YOUR ATTORNEY

Disclaimer: Eviction Laws in your state may change and there may be times when information on this web site may not be current. This information is provided for general informational purposes only and is not intended as legal advice. This website is not a substitute for advice from an attorney. ADDITIONAL LAWS MAY APPLY IN YOUR JURISDICTION. FIND EVICTION LAWYERS IN YOUR STATE

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