Chapter 83 of Florida Statutes provides the steps to follow in an eviction case. The following information is provided to inform you as to what documents must be filed and the costs involved in an eviction and damages case. There will be a service fee assessed for the use of credit cards of 3.2% or a minimum of $2.50 per transaction.

 

The filing fee, payable to the Clerk of Court, is as follows:

Payment may be in the form of cash, personal check, Visa, MasterCard, American Experss or Discover credit card with proper identification. 

 

Enclosed in this packet you will find the basic forms necessary for eviction and damages for non-payment of rent. This is to enable you to regain possession of the property and provides for claims for the back rent /damages owed to you.

Before filing a Complaint to recover possession, a landlord must serve a Three-Day Notice demanding payment of rent or possession of the premises within three (3) days (excluding Saturday, Sunday, and legal holidays) after the date of delivery of notice. Service certified mail, leaving a copy on the premises, or hand delivery. After the expiration time on the service of the Three-Day Notice you may proceed with filing the Complaint for Eviction.

 

The landlord shall file the original Complaint and sufficient copies of Complaint for each tenant with the Clerk. The Court must also receive a copy of the Three-Day Notice and a copy of the lease, if one exists. You must also attach a copy of the notice and lease to each copy of the Complaint. The Complaint must be signed by the landlord in the presence of a deputy clerk or must be notarized by a notary public. 

 

After the Complaint is filed and the fee paid, the Clerk will issue an Eviction Summons/Residential for possession and damages. A copy of the Complaint, three-day notice, and lease (if one exists) will be attached for service on the tenant. The Summons can be served by the Sheriff or a private process server. The Sheriff's fee is $20.00 per tenant and must be in the form of cash, business check or money order. If paid by cash, you must personally deliver the Summons to the Sheriff's Office, Civil Processing Department.  Private process server fees vary. Please consult them directly.

 

If the tenant cannot be served either personally or by substitute service, the summons can be served by posting (attaching to a conspicuous part of the premises). If this occurs, the landlord must request the Clerk to mail notice to the tenant by "Certificate of Mailing." This form is included in this packet. The tenant must be served personally or by substitute service to enter a default for damages.

 

The tenant has five days (exclusive of Saturdays, Sundays and holidays) after service of the Summons to file an answer to Count I for Possession. If an answer is filed and monies are deposited, the landlord must contact the Court to schedule a hearing. The tenant has twenty days after service of the Summons to file a separate answer to Count II for damages.

If the tenant fails to answer the Summons, the landlord may file a Motion for Default by Clerk As to count I - Possession/Default and proceed with obtaining a Final Judgment for Possession and obtain a Writ of Possession. These forms are included in this packet. 

 

The Clerk is authorized to enter a Default on Count I for Possession at the end of five days after service is obtained upon the tenant. Upon the default being entered by the Clerk, the Judge will then review the file and enter the Final Judgment for Possession and direct the Clerk to issue the Writ of Possession. 

 

 A completed Affidavit of Costs must be submitted to the Clerk along with the original Final Judgment for Possession that you are requesting the Judge to sign. You will need to furnish the Clerk with a copy of the Final Judgment for each of the tenants and yourself, along with self addressed stamped envelopes to the tenant(s) and yourself for mailing the conformed copy of the Final Judgment once the Judge has signed it.

 

Step Eight: Writ of Possession 

The Writ of Possession must be presented to the Clerk for issuance after the Final Judgment of Possession has been entered by the Judge. The Clerk will need an original and two copies. The Writ will describe the premises and command the Sheriff to put the landlord in possession of the dwelling after 24 hours' notice conspicuously posted on the premises. The Writ must be served by the Sheriff. The fee payable to the Sheriff is $70.00. Payment may be made by money order, business check or cash. If cash, you must personally deliver the issued Writ to the Sheriff. The Clerk cannot accept cash payment for the Sheriff.   All inquiries as to the status of the Writ of Possession once it has been issued and delivered to the Sheriff should be directed to their office. Their phone number is 941-747-3011, Ext. 2256

 

If the Summons was posted, you must obtain either personal service or constructive service on the defendant(s) to proceed to step ten..

 

If the tenant fails to file a separate answer to the Summons on Count II for damages the landlord may file a Motion for Default by Clerk/Default as to Count II at the end of 20 days after service is obtained on the tendant(s)/defendant(s). The Judge will again review the file and enter the Final Judgment for Damages. If the defendant files a separate written response to Count II, you will need to set a hearing with the Judge.

 

A completed Affidavit of Damages must be submitted th the Clerk along with the original Final Judgment for Damages that you are requesting the Judge to sign. You will need to furnish the Clerk with a copy of the Final Judgment for Damages for each tenant/defendant and yourself, along with self addressed stamped envelopes to the tenant(s)/defendant(s) and yourself for mailing the conformed copy of the Final Judgment for Damages once the Judge has signed it.  

 

If your eviction case becomes settled prior to the court entering a Final Judgment, you must file with the Clerk a Notice of Dismissal. This will eliminate the Court and Clerk to notice you at a later date to dispose of your case that was never properly settled by the filing of a Final Judgment or Notice of Dismissal.

 

 

 

***instructions on how many copies are needed for filing appear by each form*****  

 

 

 

     One original for court file and one copy for each tenant and a self-addressed stamped envelope for each tenant

 

                  Motion for Default by Court as to Count I - Eviction (to be used if tenant   files written response and does not deposit money into court registry).  

                   Original for court file

 

7)      Notice of Hearing (to be used if tenant files an answer and deposits money into court registry)

Original for court file; landlord must mail a copy of notice to the tenant to notice them of the court date

                  County Sheriffs Department, business check or money order. You will need     Driver License information of person signing business check.

To be used if the tenant/defendant does not answer. Original for Court file

To be used if tenant/defendant fails to file a written response to Count II of the complaint. Original for Court file; Landlord/Plaintiff must mail a copy of the Notice to the tenant/defendant so they know the court date.

 

To be used if the tenant/defendant files a written response to Count II for damages of the complaint

 

Original for court file – no copies required

 

Original for court file and 1 copy for each defendant/tenant. Self addressed stamped envelopes – one for each defendant/tenant and one for the landlord/plaintiff.

 

   16) Notice of Dismissal

     Original for court file; landlord must mail a copy of the Notice of Dismissal to the tenant