Florida Eviction Network
The 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.
Eviction for Nonpayment - Step by Step
Three Day Notice - Step One
The 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 Two
After 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 Three
Answer: 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 Four
Writ 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.
We have resources for landlords. Our latest online course "Becoming a Successful Landlord" will be released soon. We think it is our most in-depth course so far, and hope it will help you overcome some of the daily challenges inherent in your calling.
We also have all of the forms that you need for eviction, if you want or need to do it yourself.
If you need help - that's what we're here for. Our document preparers can prepare all the forms you need, as needed. In some cases, we can even have one of our members meet the sheriff at the property to take possession for you. This is a great service for out of town landlords.
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