EVICTIONS (LANDLORD AND TENANT ACTION)
Instructions for the Completion of a Landlord and Tenant Action
Chapter 83 Florida Statutes
IT IS IMPORTANT TO INCLUDE YOUR NAME, ADDRESS AND TELEPHONE NUMBER ON EVERY DOCUMENT YOU FILE WITH THE COURT.
Step I. Three-Day Notice to Tenant(s)
The statutory, three-day Notice to Tenant(s) must be served by mail, hand delivered or posted prior to filing an Eviction Action.
Step II. Paperwork and Filing Fee Needed for Filing Eviction After Giving Tenant(s) the Three-Day Notice
- Complaint for Tenant Eviction (form may be obtained from Clerk & Comptroller's office)
- Copy of the three-day, statutory Notice to Tenant (defendant)
- Lease/Rental Agreement (if applicable)
- Filing fee in form of cash, check, MasterCard, Visa, American Express, Discover, certified check, or money order payable to Sharon Bock, Clerk & Comptroller
- Service of Summons Fee for each tenant (defendant) in the form of check or money order and payable to SHERIFF OF PALM BEACH COUNTY, plus a self-addressed stamped envelope with sufficient postage for each Defendant
Step III. Copies and Other Attachments
Make copies of all forms and related documents for your records.
The following copies must be submitted with the documents from Step II:
- Original Complaint for Tenant Eviction and two copies for each tenant (defendant). In order for the Palm Beach County Sheriff's Office to serve the Five (5) day Summons without delay, please verify the following are correct on the Complaint: the Eviction address, the apartment number and the spelling of the street address.
- Copy of the Statutory Notice to Tenant and Lease/Rental Agreement if any, along with two additional copies for each tenant (defendant).
- Two legal size (#10) envelopes for each tenant (defendant) and one for yourself (plaintiff). Envelopes must be addressed to each tenant (defendant), yourself (plaintiff) and contain sufficient postage to mail copies of the complaint, three-day notice, lease/rental agreement (if applicable) and summonses.
Step IV. Filing and Service of Summons
You may file your case with the Clerk & Comptroller's office either in person or by mail, at any of the locations listed above. The clerk will transmit copies of the Summons and Complaint to the Sheriff for service only if the Eviction is in Palm Beach County and if you include the Sheriff’s service of process fee and indicate that you wish the document transmitted to the Palm Beach County Sheriff’s Office.
For current fees, please review Fees & Costs. Make sure to have:
- Cash, check, MasterCard, Visa, American Express, Discover, certified check, or money order payable to Sharon Bock, Clerk & Comptroller, in the amount listed for Removal of Tenant action (eviction)
- Certified check or money order payable to the Sheriff of Palm Beach County in the amount listed for Service of Process
Step V. What to Expect After Filing
Once you have filed your Complaint with the Clerk & Comptroller's office, and after the Defendant(s) are served, each Defendant has 5 (five) business days to respond to the Complaint, excluding the day the Summons is served, Saturdays, Sundays and legal holidays.
You may contact the Clerk & Comptroller's County Civil Division by telephone to verify if the tenant(s) has responded to the Complaint. If the Tenant(s) fails to respond, you may continue with the following steps.
Step VI. Paperwork Required to Obtain Judgment for Eviction
- Motion for Default (form may be obtained from Clerk)
- Final Judgment (form may be obtained from Clerk)
Step VII. Originals, Copies and Attachments
- One original completed Motion for Default
- One original completed Final Judgment: one copy for each tenant (defendant) and one copy for yourself
- One stamped legal size (#10) envelope for each tenant, and one stamped/addressed to you
NOTE: If the Tenant (defendant) does not vacate after Final Judgment has been entered, you will need to obtain a Writ of Possession from the Clerk.
Step VIII. Obtaining a Writ of Possession
- Contact the Clerk & Comptroller's office in person or by mail and request the issuance of the Writ of Possession.
- The Sheriff will require a fee for service of the Writ of Possession in form of check, cashier's check or money order, payable to SHERIFF OF PALM BEACH COUNTY. Refer to Fees & Costs for current fees.
- Provide a self-addressed stamped envelope for each Defendant.
- Complete the Sheriff Information Sheet. (Form may be obtained from the Clerk).
YOU MAY CONTACT THE PALM BEACH COUNTY SHERIFF'S OFFICE AT (561) 355-2763 FOR ADDITIONAL INFORMATION REGARDING THE WRIT OF POSSESSION OR OTHER SERVICES.
From the Florida Bar:
Frequently Asked Questions