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Instructions for the Completion of a Landlord
and Tenant Action
(Chapter 83 Florida Statutes)
NOTE: The forms used for filing an
eviction for possession only, may be obtained
from the Clerk of Courts.
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
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Complaint for Tenant Eviction (form may be
obtained from Clerk)
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Copy of the three-day, statutory Notice to
Tenant (defendant)
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Lease/Rental Agreement (if applicable)
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Filing Fee of (Check with
your County Clerk) in form of cash, check,
MasterCard or Visa, certified check, or
money order payable to (Check with your
county clerk).
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Service of Summons Fee of
$??.?? for each tenant (defendant) in form
of check or money order and payable to
SHERIFF OF YOUR COUNTY, plus a
self-addressed stamped envelope with
sufficient postage.
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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:
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Original Complaint for
Tenant Eviction and two copies for each
tenant (defendant). Please verify on the
Complaint, the Eviction address, the
apartment number and spelling of the street
address for correctness, in order for
the County Sheriff's Office to serve
the Five (5) day Summons without delay.
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Copy of the Statutory
Notice to Tenant and Lease/Rental Agreement,
along with two additional copies for each
tenant (defendant).
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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 of the Court either in person or by
mail, at any of the locations listed. The clerk
will handle the service of your Complaint only
if the Eviction is in Palm Beach County.
Fees:
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Make sure to have cash,
check, MasterCard or Visa, certified check,
or money order payable to YOUR CLERK, Clerk
& Comptroller, in the amount of $(Verify
amount) and
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Certified check or money
order payable to the Sheriff of YOUR County
in the amount of $20.00 (Verify Amount)
Step V. What to Expect After Filing - Once you have filed your
Complaint with the Clerk of Court, and after the
other party (defendant) has been served, he or
she 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 of
Court, County Court 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
Step VII. Originals, Copies and
Attachments
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One original completed Motion for Default.
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One original completed
Final Judgment: one copy for each tenant
(defendant) and one copy for yourself.
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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
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Contact the Clerk in person or mail and
request the issuance of the Writ of
Possession.
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The Sheriff will require
a fee of $(CHECK AMOUNT) for service of the
Writ of Possession in form of check,
cashiers check or money order, payable to
SHERIFF OF YOUR COUNTY.
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Self-addressed stamped envelope.
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Completed Sheriff Information Sheet. (Form
may be obtained from the Clerk).
YOU SHOULD CONTACT
THE COUNTY SHERIFF'S OFFICE FOR
ADDITIONAL INFORMATION RE: THE WRIT OF
POSSESSION OR OTHER SERVICES OR YOUR
ATTORNEY
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