Evictions (Chapter 83 Florida Statutes – Landlord and Tenant)
An eviction is the legal procedure a landlord must follow to remove a tenant from the landlord’s property. Chapter 83 of the Florida Statutes provides general information on evictions. There are many types of evictions. The Clerk of Court and Comptroller does provide an eviction packet for $1.50. You can also find these forms on our website by clicking on the below link.
Other types of evictions can be researched in the Florida Statues, at the Law Library, online, or by contacting an attorney.
Florida statutes allow Landlords or their attorney to file the complaint. It also allows an authorized agent, such as a property manager, to initiate an eviction proceeding; however, the agent may not take any additional action unless the agent is an attorney. If an eviction is filed by a property manager, a written authorization affidavit from the owner must be filed with the complaint.
These requirements apply only to evictions based upon failure to pay rent. There are completely separate requirements for eviction for breach of other provisions of the lease, or when the lease is at an end and you do not desire to renew.
Filing your Eviction
The following information is provided only to inform you of which documents must be filed and the cost involved for the most common evictions. As the Clerk of Court is prohibited from giving legal advice, please consult with an attorney if you are not sure how to proceed with your case.
Before filing a Complaint to recover possession for failure to pay rent, a landlord must serve a Three Day Notice demanding payment of rent or possession of the premises within 3 days (excluding Saturday, Sunday and legal holidays) from the date of delivery of the Three Day Notice. You cannot file your eviction until after the Three Day Notice has expired and the tenant has failed to pay.
Once the Three Day Notice has expired, you may file your eviction lawsuit. You will need to file your Complaint with copies of the Three Day Notice, Lease and Summons. You will also need to provide copies for each Defendant and a stamped envelope addressed to each Defendant. The amount of copies you need to provide are based upon how many counts and Defendants your suit has. Please call the Clerk’s Office, before filing, at 407-665-4590 to verify that you have everything you need.
The filing fee for Evictions is $185.00 plus $10.00 per each summons issued.
Evictions can be filed in person at the Seminole County Courthouse or at either of our Branch Offices. If filing is by mail, please address to: Seminole County Clerk of Court and Comptroller, P.O. Box 8099, Sanford, FL, 32772. You may also file through the Florida Courts E-Filing Portal by using the link below.
If filing an eviction through the E-Filing Portal, you will need to mail or bring in a copy of the complaint, three day notice, summons, and a stamped addressed envelope for each Defendant. This will be used for the Certificate of Mailing.
When you have been served with an Eviction
If you have been served with an eviction, please read the summons and follow the instructions carefully. If you are depositing money into the Court Registry, you must pay with cash or certified funds. There is a Clerk’s Fee of 3% of the first $500.00 and 1.5% of the remaining balance. If you have any questions, please contact the Clerk’s Office at 407-665-4590.