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How do I evict a tenant

Landlord Tenant Eviction Packages, which contain forms for use in residential evictions for non-payment of rent, are available at the Clerk of the Courts Office.

To file an eviction action, you must provide the Clerk of the Courts Office with the correct number of the following forms, completed in advance:

  • 3 copies: Three Day Notice (one original is enclosed with the package)
  • 1 Original and 2 copies: Complaint For Removal of Tenant (one original is enclosed with the package)
  • 1 copy to Tenant
  • 1 copy to Complainant
  • 1 copy for the Court
  • 1 Original and 2 copies: Five Day Summons (three are enclosed in the package)
  • A stamped envelope addressed to the defendant
  • $185.00 filing fee (Cash, Check, Money Order, VISA/MC)
  • $40.00 Sheriff’s Fee for each service of the Five Day Summons per address (Check, Money Order). You also have the option of hiring a certified process server. The Three Day Notice can either be delivered to the property or sent through the mail. After three days, not including the day the notice is received, the Complaint For Removal of Tenant and the Five Day Summons can be served on the tenant. If the first two attempts are unsuccessful, the documents can be posted on the residence. If the tenant does not vacate the residence or fails to respond to the summons within the prescribed time frame (five days not counting the day of service or posting, or Saturdays, Sundays, or Holidays), you will need a Default Package. It too can be obtained from the Clerk of the Courts Office and contains the following:
    • Affidavit of Non-Payment of Rent (Notarized Original Required)
    • Non-Military Affidavit (Notarized Original Required)
    • Motion For Default and Default (Original)
    • Final Judgment For Removal of Tenant (Original + 2 Copies)
    • Writ of Possession (Original + 2 Copies)
    • You must supply two stamped envelopes (one addressed to you and one addressed to the tenant
    • You must also submit a check or money order for $115.00 made payable to “Miami-Dade County Sheriff.” The check must be from a Miami-Dade County banking institution and have your name and address pre-printed on it.

How do I evict a tenant

County Court does not give legal advice regarding Evictions. However, you can obtain an information sheet, complaint form and summons form from the Clerk. All other forms must be secured from an attorney or an office supply store.

Evictions are governed by Florida Statute 83 and may be filed at any one of our four courthouse locations. The courthouse locations are:

  • County Central – 201 S.E. 6th St., Ft. Lauderdale, Fl 33301 – Room 120
  • North Satellite – 1600 West Hillsboro, Boulevard Deerfield Beach, Fl 33442 – Room 160
  • South Satellite – 3550 Hollywood Boulevard, Hollywood, Fl 33021 – Room 100
  • West Satellite – 100 N. Pine Island Rd., Plantation, Fl 33317 – Room 160

The cost for filing is $185.00 cash, cashier’s check, money order, attorney’s check, business check, or credit card (Visa or MasterCard). In addition to the above fee, there is a per defendant service fee to serve the summons.

How do I evict a tenant






If you need questions answered about the residential tenant eviction process or require legal assistance, please consult the Florida Statute Chapter 83 Part II – Residential Tenancies , the Law Library on the 5th floor of the Collier County Courthouse, Building L or an Attorney.
Mailing Addresses:

Collier County Clerk of the Circuit Court
Civil Department – Evictions 
3315 Tamiami Trail East,  Ste. 102
Naples, FL 34112-5324

Collier County Clerk of the Circuit Court
Civil Department – Evictions
PO Box 413044
Naples, FL 34101-3044

Department Street Mailing Addresses

Office Location Map
Tel:   (239) 252-2646
Email:   [email protected]

 

Requirements:
In order to file a residential tenant eviction case for non-payment of rent for possession only, you need to file a Complaint for Eviction, which requires:

filing fee payable to Clerk of the Court. (cash or check) 

Proper sheriff’s fee (Note: husband and wife are two separate services) which must be paid with a separate check or money order. Call the Sheriff’s Department, Civil Processing Department at (239) 252-9250 for fee information. 

A completed Original Complaint form and two copies for each defendant. This must be fully completed before processing. 

3 copies of the three-day notice and any other attachments such as a lease, for each defendant. 

5 day summons with 3 copies for each defendant is required. 

Stamped addressed envelopes with sufficient postage (legal size envelope); 1 addressed to each defendant and 1 addressed to you.

 

Note: Cases for eviction and damages require a filing fee based on the damage claim.
 
Process Steps:
  • File your Complaint, Summons and Three-Day Notice; with other exhibits; i.e. lease, with Tenant Eviction Department, Civil Division. If requested, we will forward the summons to the Sheriff’s Department for service on the defendant(s). The Sheriff’s Department will advise you of the date the defendant was served the eviction papers.
  • If, after 5 working days (excluding the date of service, Saturday, Sunday and legal holidays) from the date when the summons was served upon the defendant(s), the defendant has not filed an Answer, a Motion for Default may be filed and Default Issued; at that time, you can send a Final Default Judgment and Writ of Possession by paying a fee to the Sheriff’s Department. (Contact Sheriff’s Department at (239) 793-9250 for fee information). 

    *** If an Answer has been filed, you may then set your case for Non-Jury Trial by calling the Judge’s Office. The Judge assigned to the case is named on the receipt for filing fees, or they can be found online.

 
Links: 
Court Records Search
General Instructions for filing Evictions
Residential Evictions Chapter 83 Part II
Landlord/Tenant Rights – Division of Consumer Services
Registering a Judgment Lien
20th Judicial Circuit Court

Landlord/Tenant Evictions Presentation – March 6, 2014
List of Legal Resources with Contact Information
Clerk of Courts Staff Cannot Provide Legal Advice

  
Fees:
Click here for Fee information
  
Forms:
Click here for Form information
 

Note: The Clerk of Court employees can not assist you with the selection or completion of any form or provide legal advice. If you have questions about tenant eviction forms, the use of forms, or your legal rights, it is strongly recommended that you obtain the services of an attorney. If you need assistance identifying an attorney, contact the Lawyer Referral Service (239) 252-8250.

If you are financially unable to afford the services of an attorney you should contact the Legal Aid Office in your area.

Because of the changing nature of the law, the forms and information about evictions must be checked for currency and accuracy. It is strongly recommended that you research the original sources of authority; the FL Statute Chapter 83 and Rules of Procedure.


How do I evict a tenant

The following is intended to be a guideline for the eviction process and does not necessarily apply in every situation or cover every detail. The Uniform Residential Landlord and Tenant Act (House Bill 287) can be read in its entirety on-line at: http://ali.state.al.us/legislation/landlord_ tenant.pdf.
Also note that (35-9A-407) states that, “If a landlord…willfully diminishes services by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service, the tenant may recover an amount equal to not more than three months’ periodic rent or the actual damages sustained by the tenant, whichever is greater, and reasonable attorney’s fees.”

Step 1 – Landlord must deliver a written notice giving the tenant seven (7) calendar days “the right to cure” or an opportunity to settle the debt, or to vacate.

If payment is received during this period, the landlord shall accept payment and end the eviction process.

If payment is not received, continue with Step 2.
Any breach of lease (other than non-payment): If termination is for any other breach of lease (i.e. not maintaing the lawn, being too loud,etc.), Landloard must deliver a written notice giving the tenant 14 calendar days to correct the casuse of the breach, or to vacate.

Step 2 – Landlord must file for “Unlawful Detainer” with the Circuit Clerk’s Office.

If money is being claimed in the Detainer (i.e. past due rent, damages, court fees), a Deputy must make personal service and send a return of service to the Circuit Clerk’s Office. The landloard still has a right to negotiate settlement and accept payment while process is still ongoing.

If money is not claimed and simply seeking possession of the property, a Deputy may post notice to the door and send a return of service to the Circuit Clerk’s Office.

***If termination of lease is for non-payment, the tenant has seven (7) business days to file a response to the court. If termination is for any other breach of lease (i.e. not maintaining the lawn, being too loud, etc.), the tenant has fourteen (14) business days to file a response to the court.

If no response is filed by the tenant within the appropriate times, continue with Step 3. If tenant files a response, all parties will be notified by mail of a court date.

Step 3 – Landlord must file an Application for “Default Judgment” with the Circuit Clerk’s Office.

A District Court Judge will review each case and render a judgment based on his findings. The Judge may then issue a “Writ of Possession” or Writ of Restitution” in favor of the Landlord with an order for the Sheriff to assist while removing the tenant and his belongings. A Sheriff’s Deputy will schedule a date and time with the landloard to conduct the set-out. ****It is the Policy of the Lee County Sheriff’s Office to NOT provide the man-power to remove the belongings.

It is recommended that the landlord changes locks once possession is returned.

The Sheriff’s Office does not set or regulate the fees associated with Unlawful Detainers. Any questions concerning this should be directed to the Circuit Clerk’s Office @ 334-737-3500.