Assists the landlord and tenant in filing appropriate eviction complaint and answer forms, prepares cases, summons, and eviction writs as ordered by the Judge
Filing an Eviction Suit
If there is a written or verbal lease between the landlord and the tenant to pay rent, and the tenant fails to pay, in order to institute eviction proceedings the landlord is required to give notice to the tenant. (F.S. 83, F.S. 723) Notice forms are not provided by this office, but may be obtained at an office supply store.
If the tenant fails to pay or move within the required time limit, a complaint may be filed for Removal of Tenant for Non-Payment of Rent. There are three types of complaint forms. One is for possession of the property only. The second is for possession of the property and past due rent. The third is for eviction for other than failure to pay rent. Information sheets and eviction complaint forms are available online or may be obtained from any of our civil offices in DeLand, Daytona Beach, or New Smyrna Beach.
Once the eviction suit is filed, the Sheriff will serve the tenant with a summons and a copy of the complaint.
A summons will be issued directing the tenant/defendant to file an answer and pay past due rent into the registry of the court. If the landlord is seeking both rent and damages, an additional summons will be issued requiring an answer to be filed as to the damages.
The summons will direct the defendant to answer and deposit the amount in dispute into the Court Registry within five days after service of the summons and complaint. Only cash or cashier's checks will be accepted as payment of rent. Failure to pay and/or answer may result in a judicial order for eviction without further notice.
If the Defendant files an answer, deposits rent and/or files a Motion to Determine the Amount of Rent to be paid into court registry, a court date will be set as soon as possible.
Hearings and Evictions
If the case proceeds to a hearing, the Judge will hear testimony from both parties. If a judgment ordering the tenant to be evicted has been entered, the landlord may request the Clerk to issue a Writ of Possession. The Writ of Possession will be served by the Sheriff and will allow the tenant 24 hours to move. If the tenant has not vacated within the 24 hour period, the Sheriff will remove the tenant. The Sheriff will contact the landlord about taking possession of the property. A writ may not be issued without a court order.
At the time of request for a writ, the landlord may also request the Clerk to forward the writ to the Sheriff or return it to the landlord for delivery to the sheriff.
If the eviction is for a mobile home belonging to the tenant and is governed by Florida Statute 723, the writ will not be issued for 10 days.
Seek advice from an attorney regarding any Landlord Tenant problems. If you need assistance in locating an attorney to handle a landlord/tenant action you should contact the Lawyers Referral Service at 1-800-342-8011.
Both landlords and tenants should read and become familiar with Chapters 83 and 723, Florida Statutes.