Landlord Tenant Evictions

Residential Landlord Tenant Actions
A residential landlord/tenant action applies to the rental of non-commercial dwelling unit with or without a rental agreement. It involves an action filed by a landlord against a tenant or a tenant against a landlord for common disputes dealing with payment of rent and/or non-compliance or breach of a lease or rental agreement.
Chapter 83 of the Florida Statutes provides general information on landlord/tenant actions. Landlord actions typically involve non-payment of rent and recovering possession of the rental property. You should carefully review this section of the law before starting any legal action.
 

The Basic Steps:

Rental Agreement - Non-Payment of Rent
Provide to the tenant a 3-day notice of eviction to pay rent due or vacate premises. Do not include day of delivery, weekends or holidays when calculating time. Notice may be mailed, posted on the door of the rental property or hand delivered to the tenant. If the tenant does not comply with the notice in the time allowed pursuant to the notice the landlord may file an eviction complaint with the Clerk & Comptroller. A copy of the 3-day notice must accompany the complaint at the time of filing.
No Rental Agreement - Possession of Property Only
When there is not a rental agreement and you are evicting a tenant for possession only you must give the tenant a 7-day or 15-day notice to vacate. If the rent is paid weekly you must give a 7-day notice. If the rent is paid monthly you must give a 15-day notice. The 15th day must be the date rent is due again. If the tenant does not comply within the time allowed pursuant to the notice the landlord may file an eviction complaint with the Clerk & Comptroller. A copy of the 7-day or 15-day notice must accompany the complaint at the time of filing.
Filing Your Complaint for Eviction
You must determine, prepare and file the appropriate complaint with the Clerk & Comptroller. The complaint you file will be based on the actions you wish taken by the Court i.e. possession, demand for rent due, etc. You must include a copy of the notice you provided to the tenant. You are also required to submit payment for the filing fee in the following manner: a check for $185.00 in County Court or $400.00 in Circuit Court made payable to Paula S. O'Neil, Clerk & Comptroller, cash, or by Visa or MasterCard. All payments for fees and costs must be remitted in US currency.
Service of Your Summons on the Tenant
After you have filed your complaint, you or the Clerk & Comptroller may prepare a summons to be served on the tenant. The summons notifies the tenant of the pending court action and tells them what they are required to do. The fee for issuing the summons that you prepare is $10. If you wish the Clerk & Comptroller to prepare and issue your summons, the fee is $17. The summons fee is to be paid to the Clerk & Comptroller. The Clerk & Comptroller will then sign and seal the summons and return to your selected process server (please refer to the list of approved process servers). The tenant must comply with the instructions on the summons and file an original answer to your summons with the Clerk & Comptroller with copies to you within 5 days of receipt of the summons not including weekends or legal holidays.
Defendant Complies with the Summons
The defendant may file an answer to your complaint/summons and deposit rent monies into the Court Registry. You will then need to set your case for a hearing with the Court. You may submit your request for a hearing in writing and file it with the Clerk & Comptroller who will forward it with your court file to the assigned Judge. You may also call the Judge's office and verbally make a request for a hearing. The Judge's office will notify you of the hearing date and time. You are responsible for providing in writing a notice of hearing to the defendant. You will need to bring a blank copy of a judgment to the hearing for the Court's ruling and signature.
Defendant Fails to Comply with the Summons
If the defendant fails to respond you may complete and file with the Clerk & Comptroller a Motion for Clerk & Comptroller's Default and the appropriate judgment form. These forms are contained in the Landlord/Tenant packet. The Court will either set the case for hearing or grant the landlord possession of the property. If the judge grants the landlord possession of the property you may ask the Clerk & Comptroller to issue a Writ of Possession.
Executing Your Writ of Possession
When you request the Clerk & Comptroller to prepare a Writ of Possession you must remit a fee of $90 in a check made payable to the Pasco County Sheriff. The Clerk & Comptroller will forward your paperwork and the check to the Sheriff who will contact you and post the Writ on the property.
Enforcing Your Judgment
There are numerous methods by which to enforce your judgment. Upon request the Clerk & Comptroller can assist with the filing of a judgment lien for any rent money specified in your judgment that is still outstanding. You can file a judgment lien by purchasing a certified copy of your judgment from the Clerk & Comptroller. The certified copy of the judgment will be recorded in the Official Records of the County and establishes a lien on any real property owned by the defendant in that county. Please see Florida Statute 55 for complete instructions.The costs for this procedure are:
  • $ 1.00 per page for copies
  • $ 2.00 to certify the Judgment
  • $10.00 to record the first page
  • $ 8.50 to record each additional page.
Required Documents
Complaint/Copies
  • Original for filing
  • 2 sets per defendant with stamped envelopes
  • 1 for your records
Final Judgment/Copies
  • Original for judge and file
  • 1 per defendant with stamped envelopes
Notice To Parties Not Represented By An Attorney: If you have questions or concerns about these forms, instructions, commentary, the use of the forms or your legal rights it is strongly recommended that you talk to an attorney. You may obtain attorney information by contacting the Florida Bar Lawyer Referral Service at (800) 342-8011.

Additional Information

Filing Fees and Costs
General costs for filing an eviction action in Pasco County may include some or all of the following:
Filing Fee:        $185.00 - County Court
                        $400.00 - Circuit Court (if exceeds $15,000)
Summons Fee: $10.00 - Clerk & Comptroller to issue
                        $17.00 - Clerk & Comptroller to prepare & issue
Landlord/Tenant Packet $20.00 (if purchased from the Clerk & Comptroller's Office. Internet forms are provided at no cost.)
Writ of Possession $90.00 Sheriff Fee (after final judgment)
All payments of fees and costs must be remitted in US currency.

Landlord Tenant Eviction Packet

The Clerk & Comptroller cannot practice law and is therefore limited in the assistance that can be directly given. The Clerk & Comptroller provides a basic LANDLORD/TENANT EVICTION PACKET, which has been approved by the Court. This packet includes instructions, complaint forms for the most common types of landlord tenant actions, summons, final judgments, writs of possession, and other forms needed to complete a basic eviction action.
DISCLAIMER: These documents are not an attempt by the Clerk & Comptroller to practice law or give legal advice, it is intended to provide notice of procedures followed by the Clerk & Comptroller's Office at the direction of the Courts. All forms are derived from either the Supreme Court promulgated forms or Sixth Judicial Circuit Court approved forms. Forms are subject to change without further notice by the Courts.
Forms can be completed by using Adobe Acrobat and then printed on your printer. However, the information you enter can not be saved if you are using the free Adobe Reader. If you are using the Adobe Reader, please complete and print the documents in the packet and bring with you to the Clerk & Comptroller's Office. If you do not have Adobe Acrobat installed on your computer, click the link below to download the free Adobe Reader.
 

Department Contact Information

DADE CITY NEW PORT RICHEY
Paula S. O'Neil
Clerk and Comptroller
Civil Department
38053 Live Oak Avenue
Suite 205
Dade City, FL 33523-3894
(352) 523-2411 Ext. 2211
8:30am-5:00pm
Monday-Friday





Directions
Paula S. O'Neil
Clerk and Comptroller
Civil Department
Mailing Address
P.O Box 338
New Port Richey, FL 34656-0338
Physical Location:
7530 Little Road
Suite 105
New Port Richey, FL 34654
(727) 847-2411 Ext. 2211
8:30am-5:00pm
Monday-Friday

Directions