Evictions

  1. Filing an Eviction
  2. General Information
  3. Landlord and Tenant Obligations

Evictions are handled by our Civil Law Department. Please note, Clerk employees are not permitted to give legal advice, which includes identifying which forms should be used in any particular situation. You may want to research Florida Statutes or utilize the Florida Courts help center. It is also advisable to consult an attorney if you are unsure of how to proceed. If you do not know a lawyer you may contact Lawyer Referral at 1-800-342-8011. The following instructions list the forms and steps needed for filing an eviction.

Do-It-Yourself Service

Utilize our interactive TurboCourt service to prepare your own forms for Landlord-Tenant Disputes. There is a $10 fee for this service.

Forms

The forms used for filing an eviction are available on the Florida Bar website. Authorization to Property Manager and Consent to Case Closure After 90 Days of Inactivity forms are located in our document center, on the right-hand side of this page. Packets of forms and instructions are available at any of our three offices.

Documents and Fees Required for Filing a Tenant Eviction for Possession Only

Copies of the following forms and documents are needed when a landlord, property manager, or attorney file a tenant eviction as well as the associated filing fees. 

Cash, money order, business or personal checks accepted. Identification is required for processing personal checks; no third party checks will be accepted. We also accept Visa, MasterCard, Discover cards and American Express. If you pay by credit, there is an additional nonrefundable charge that is assessed and remitted to the financial service provider. 

The plaintiff(s) and defendant(s) complete name, address, zip code and telephone number must be furnished at the time of filing. All documents must be legible. 

Step 1 - Documents Needed for Initial Filing

DocumentNumber of Copies for One DefendantNumber of Copies for Two Defendants
Notice From Landlord to Tenant (Florida Bar Forms 1 or 2)3 copies5 copies
Executed Written Lease 3 copies5 copies
Complaint for Landlord to Evict Tenants (Florida Bar Forms 5, 5a, or 6)1 original, 2 copies1 original, 4 copies
Summons (Florida Bar Form 7 or 8)1 original, 2 copies1 original, 4 copies
Property Managers - Letter of Authorization (See Clerk Document Center)1 copy1 copy
Certificate of Service (See Clerk Document Center) 1 original1 original
Consent to Case Closure After 90 Days of Inactivity Form (See Clerk's Document Center)1 original1 original
Postage paid envelope addressed to each defendant for mailing a copy of the summons and complaint. If omitted, additional postage will be charged at the time of filing.1 envelope per defendant1 envelope per defendant


ServiceFiling Fee
Tenant Evictions for Possession Only$185.00
Oath, Administering, Attesting and Sealing$3.50
Issuing a Summons$10.00 each
Service Fee By Sheriff
(The Clerk's office can only accept a check or money order made payable to the Polk County Sheriff's Office.)		$40.00 per defendant
Service by a Certified Process ServerCheck with server to verify fee. A list of certified process servers is provided by the 10th Judicial Circuit. 


Step 2 - Documents Needed After Tenant is Served

DocumentNumber of Copies Needed
Non Military Affidavit (Florida Bar Form 81)1 original
Motion for Clerk's Default (Florida Bar Form 76 or Form 77)1 original
Motion for Default Final Judgment (Florida Bar Form 78 or 79) 1 original
Final Judgment - Eviction (Florida Bar Form 9 or Form 66) 1 original, plus a copy for each party and a stamped addresses envelope for each party
Writ of Possession (Florida Bar Form 11)1 original, 2 copies


Service fee by Sheriff to serve the Writ of Possession is $90.00. Check or money order are accepted made payable to the Polk County Sheriff's Office. Cash is not accepted for this service.