Florida Eviction NetworkThe Florida Eviction Network is a division of FALDP that provides document preparation, courier services, and other services related to a residential eviction. As always, since we are not attorneys, we cannot provide legal advice; and we cannot represent you in court.
We offer eviction services for nonpayment of rent. Soon we will also offer eviction services for damages, to recover unpaid rent and payment for property damage. We use forms that are published on the county or circuit court website when we can. If there are no local forms published there, we use the Florida Supreme Court approved forms which are available on this site and on the Florida Bar's website. A summary of our services is detailed below, step by step. And at the bottom of this page our fees; and court fees are outlined. Evictions for Nonpayment - Step by StepThree Day Notice - Step OneThe first step in the eviction process is the posting or delivery of a "Three Day Notice to Pay or Quit". 83.56 Termination of rental agreement.— "(4) The delivery of the written notices ... shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence." It is customary to hand deliver the "Three Day Notice to Pay or Quit" directly to the tenant. If the tenant is not home, it is acceptable practice to post the notice on the front door. Delivery by certified mail is also an acceptable delivery method. We do both. One of our couriers or process servers physically hand delivers or posts the notice on the tenants door. If it is posted a photo which includes the notice with the house number, if possible, is taken to document the posting. A notice is also sent to the tenant via certified mail. Either way we carefully document the delivery of the notice. Complaint & Summons - Step TwoAfter the three days has passed and the tenant has neither paid the rent nor left the premises, a Complaint for Eviction and a Summons are prepared. Complaint for Eviction: The landlord must file with the clerk of court the original Complaint and a copy of the Complaint for each tenant. A copy of the Three-Day Notice and a copy of the lease, are attached to each filed complaint. The Complaint must either be signed in the presence of a deputy clerk or notarized. Summons: After the Complaint is filed and the fee paid, the Clerk will issue an Eviction Summons/Residential. A copy of the Complaint, three-day notice, and lease (if one exists) will be attached for service on the tenant. Answer or Default - Step ThreeAnswer: The tenant has five days (not including Saturdays, Sundays and holidays) to answer the Complaint. If an Answer is filed and the rental payment is deposited with the clerk of court, the next step is to schedule a hearing. Default: If the tenant does not answer the Complaint, a Motion for Default is filed. The goal is to obtain a Final Judgment for Possession and a Writ of Possession. The Clerk enters a Default five days after the tenant was successfully served, but did not answer. 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. Most evictions for nonpayment never go to a court hearing. In Florida it is difficult to defend against an eviction for nonpayment of rent. Take Possession - Step FourWrit of Possession: After the judge has signed the Writ of Possession it is forwarded to the Sheriff's Department for delivery to the tenant. The Writ demands that the tenant leave the premises within 24 hours. The sheriffs return to the property after the 24 hours has passed to evict the tenants. Most landlords change the locks immediately after taking possession of the property. Breakdown of CostsOur Florida Eviction Network includes document preparation and some other services. The scope of our services and fees outlined below corresponds with the steps outlined above: STEP ONE - Three Day Notice: We charge $99. This fee includes preparing the Three Day Notice and delivering it to your tenant. We hand deliver the notice and send it via certified U.S. mail return/receipt. STEP TWO - Complaint & Summons: We charge $99. This fee includes preparing the Complaint for Eviction; and one Summons. This fee includes Service of Process. If there is more than one tenant, additional Summons are prepared at $10. each. Your filing fees are paid directly to the clerk of court and are not included in our fees. Filing fees may vary slightly throughout the state, depending on local court rules. The court filing fee for most Florida counties is $185. And $10 per Summons. If there are multiple tenants then multiple tenants must be prepared and presented to the clerk of court to sign. STEP THREE - Motion for Default or Motion for Hearing: We charge $99. If your tenant does not answer the complaint, the next step is the Motion for Default. If your tenant answers the Complaint the next step is a Motion for Hearing. If you live out of town we can prepare a Motion for Telephonic Hearing at no additional charge. We are not lawyers and cannot appear for you. We also include document preparation for the Writ of Possession, if necessary. In some circuits the court staff prepares the Writ and in others the landlord is expected to provide it, ready for the judge to sign. The fee paid to the clerk of court for the sheriffs to serve the Writ of Possession is $85. This fee includes the sheriffs serving the writ and returning the next day to evict your tenant. STEP FOUR - Take Possession of the Property: We charge $99. We will meet the sheriffs at your property to enter and take possession. In addition to meeting the sheriffs, our fee includes photographing the property, and emailing the photos to you. We do our best to photograph possible damage; and strive to show you a clear representation of the condition of the property. Also included is changing one lock and sending you the key. If you have not provided us with a key to enter, there is an additional $50 fee for us to drill out the lock. |
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Contact us through any one of the forms on this site, and we'll do our best to answer your question, provide assistance, or point you in the right direction. Or call:
800-515-0496
941-237-0951
