Use the links below to obtain the information pertaining to the specified area.
Residential Landlord Tenant Actions
Landlord/Tenant Eviction Packet
Filing Fees and Costs
Required Documents
The Basic Steps to Evict a Tenant
Landlord/Tenant Eviction Non-Payment of Rent Flowchart
Department Contact Information
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.
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Landlord/Tenant Eviction Packet
The Clerk of Circuit Court cannot practice law and is therefore
limited in the assistance that can be directly given. The Clerk of Court
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, writ of possession, and other
forms needed to complete a basic eviction action.
DISCLAIMER: These documents are not an attempt by
the Clerk to practice law or give legal advice, it is intended to provide notice of
procedures followed by the Clerk'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's Office. If you do not
have Adobe Acrobat installed on your computer, click the link below to download
the free Adobe Reader.
Landlord and Tenant Information and Instructions
Notice from Landlord to Tenant - Termination for Failure
to Pay Rent
Notice from Landlord to Tenant - Termination for
Non-Compliance Other Than Failure to Pay Rent
Instructions for Complaint for Failure to Pay Rent
and Failure to Recover Past Due Rent
Complaint for Eviction
Complaint for Eviction and Damages
Complaint for Eviction Failure to Comply with Lease
Summons on Claim for Possession and/or Ancillary Relief
Instructions for Default Forms, Affidavit of Damages and
Non-Military Affidavit
Non-Military Affidavit
Motion for Clerk's Default-Residential Eviction
County Civil-Motion for Court's Default
Motion for Default Final Judgment-Residential Eviction
Final Judgment-Eviction
Writ of Possession (Local Form)
Notice of Intention to Impose Claim on Security Deposit
Affidavit of Damages
Motion for Clerk's Default-Damages Residential Eviction
Motion for Default Final Judgment-Damages
Final Judgment-Damages
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Filing Fees and Costs
General costs for filing an eviction action in Pasco County may include some or all of
the following:
Filing Fee $270.00 - County Court
$300.00 - Circuit Court (if exceeds $15,000)
Sheriff’s Service Fee $20.00 (per defendant)
Landlord/Tenant Packet $20.00 (if purchased from the Clerk's Office. Internet
forms are provided at no cost.)
Writ of Possession $70.00 Sheriff Fee (after final judgment)
All payments of fees and costs must be remitted in US currency.
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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
(727) 847-5494.
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The Basic Steps to Evict a Tenant from a Residence
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 of
Court. 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. 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. 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 $270.00 in County Court or
$300.00 in Circuit Court made payable to Jed Pittman,
Clerk of Circuit Court, 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 may prepare a summons to be served on the tenant.
The summons notifies the tenant of the your pending court action and tells them what they are required
to do. You will be required to provide the Clerk with the $20 Sheriff's service fee for each defendant.
Payment should be made payable to the Pasco County Sheriff. The Clerk will forward copies of your complaint
and summons to the Sheriff for service on the tenant. The tenant must comply with the instructions on the summons
and file an original answer to your summons with the Clerk 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 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 a Motion for Clerk’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 to issue a Writ of Possession.
Executing Your Writ of Possession
When you request the Clerk to prepare a Writ of Possession you must remit a fee of $70 in a check made
payable to the Pasco County Sheriff. The Clerk 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 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. The certified
copy of the judgment will be recorded in the Official Records of the County and establish 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.
DEPARTMENT CONTACT INFORMATION
| DADE CITY |
NEW PORT RICHEY |
Jed Pittman
Clerk of the Circuit Court
Civil Department
38053 Live Oak Avenue
Room 205
Dade City, FL 33523-3894
(352) 521-4449
8:30am-5:00pm
Monday-Friday
Directions
|
Jed Pittman
Clerk of the Circuit Court
Civil Department
Mailing Address
PO Drawer 338
New Port Richey, FL 34656-0338
Physical Location:
7530 Little Road
Room 105
New Port Richey, FL 34654
(727) 847-8176
8:30am-5:00pm
Monday-Friday
Directions
|
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