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Information accessible to every landlord

This blog is the result of countless hours of research over the internet. We have tried to put together some of the services that you as a landlord would need.. Criminal and Credit check, free advertising of your property, Collection agency, Security cameras, legal forms, informational web site for each of the states in the US and in Canada to cover all the laws concerning Landlord and Tenants, etc. Each week I will try to add more and more useful information that applies to landlords. I have rental property in both the US and Canada. Read about my nightmare tenant and you'll see why it is important to follow all the steps. Taking the time now, will eliminate future financial headaches. I will post as many tips to help you out as I can. There is nothing like a nightmare tenant to motivate a landlord to put the case on the internet. After winning my case against this tenant I decided to make my case public. Although I won, I still cannot collect my overdue rent and legal fees in excess of $12,000,-- In addition I put the amounts owed through small claims court and only claimed $10,000. This amount will forever be in his file. The important issue, we were able to evict him. Nothing worse than a tenant who is not paying and you unable to evict him. Read my story and you'll see why.

Wednesday, November 10, 2010

#8 Florida- steps in filing an eviction

FILING AN EVICTION - Florida

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


  • Complaint for Tenant Eviction (form may be obtained from Clerk)
  • Copy of the three-day, statutory Notice to Tenant (defendant)
  • Lease/Rental Agreement (if applicable)
  • 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).
  • 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.

    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). 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.
    • Copy of the Statutory Notice to Tenant and Lease/Rental Agreement, 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 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:
    • 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
    • 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
    • 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
    1. Contact the Clerk in person or mail and request the issuance of the Writ of Possession.
    2. 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.
    3. Self-addressed stamped envelope.
    4. 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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