EVICTIONS


Landlord/Tenant

Disclaimer
Information or forms provided by the Clerk of the Circuit Court should be considered as basic information only and may not be applicable to every situation. The information is not intended to be used as legal advice. Specific guidance as to how to proceed with filing a lawsuit or answering a lawsuit and questions about your particular situation should be directed to a qualified attorney.Please refer to Florida Statutes Chapter 83 for more information regarding Landlord and Tenant law.


  
Both landlords and tenants have certain rights that are protected by Florida law. If you are a landlord who needs to evict a tenant, your County Clerk of Court’s Office can help.
There are 5 circumstances in relation to an eviction.
  1. You wish to terminate tenancy with no rental agreement or rent paid. You are not required to give a specific reason for termination. The tenant will have 7 or 15 days, depending on how rent is paid, to vacate the premises. If not, the Eviction case will need to be filed with the Clerk’s Office.
  2. You wish to terminate tenancy due to failure to pay rent. The tenant will have 3 days after receipt of the notice to pay rent or vacate premises. If neither occurs, the Eviction case will need to be filed with the Clerk’s Office.
  3. You wish to terminate tenancy due to failure to pay rent and you wish to recover past rent and/or money for damages to the property that does not exceed $15,000. The tenant will have 3 days to pay or vacate premises. If the tenant does not vacate and/or pay, the eviction case will need to be filed with the Clerk’s Office. If the tenant vacates the premises but you wish to sue for costs of damages that does not exceed $15,000, please see the Small Claims section of our website for more information on filing a Small Claims suit.
  4. You wish to terminate tenancy for reasons other than failure to pay rent. You may give the tenant the opportunity to cure the problem or not give an opportunity to cure. The tenant will have 7 days to remedy the non-compliance (if applicable) or vacate the premises. If not, the Eviction case will need to be filed with the Clerk’s Office.
  5. Same as #4 but you also wish to sue for damages to the property.
In all cases, please refer to our forms section for more information, including the forms needed to notice tenants and file with the Clerk’s Office.
Once you have filed your eviction, the clerk will prepare a summons to be served on your tenant. You must tell the clerk if you want the summons to be served by the Sheriff or a private process server. The clerk will forward your summons to be served. Once the summons is served, the tenant has 5 business days to respond to your eviction and 20 days to respond on the past due rent. The tenant is instructed to file their original answer with the clerk and send a copy to the landlord. The tenant should deposit with the Clerk the rent that is past due (plus applicable fees) or file a Motion for the Court to determine the amount owed. The tenant should deposit with the Clerk the monthly rent until the case is settled.
When the 5 business days have expired and the tenant did not respond, contact the clerk's office to file the Motion for Default and Motion for Default Final Judgment. If the tenant did respond to the summons, the Clerk will take the file to the Judge for trial determination. Once you have filed the appropriate form, the clerk will prepare any necessary paperwork and then send the file to the Judge. The Judge will either set the case for a hearing or grant the landlord possession of the property. If the Judge grants the landlord possession of the property, the Clerk will issue a Judgment Eviction and Writ of Possession.
The Sheriff will charge to execute the Writ of Possession. Contact their office for fees. The Sheriff will post the Writ of Possession and then contact the landlord to deliver possession of the property.
All forms that you would need to file an eviction are available at no cost to you at the Clerk's Office.
For more information regarding the Eviction process please contact our Civil Office at (904)548-4606.

CONTACT INFORMATION

(904)548-4606

 

ROBERT M. FOSTER JUSTICE CENTER


76347 Veterans Way
Yulee, Florida 32097

HISTORIC COURTHOUSE


416 Centre Street
Fernandina Beach, Florida 32034

HOURS OF OPERATION


8:30-5:00, Monday - Friday
( Excluding Holidays )

Under Florida law, e-mail addresses are public records. If you do not want e-mail address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.