Landlord Tenant Residential Evictions

The Clerk’s office has eviction forms for residential leases only. If you have a commercial, agricultural, or personal property lease you should consult with an attorney.

The residential landlord/tenant relationship is controlled by the terms of your lease and by Part II of Chapter 83 of the Florida Statutes. The procedures for enforcing your rights under your lease and Part II of Chapter 83 are set forth in section 51.011 of the Florida Statutes. You are advised to carefully review these statutes before starting any legal proceeding concerning a residential lease. Copies of these statutes are available in the Law Library located at the Bunnell Branch of the Flagler County Public Library.

The Flagler Clerk’s office provides certain Eviction paperwork to assist Pro-Se litigations with filing an Eviction case in Flagler County. We have paperwork for NON PAYMENT OF RENT OR NON COMPLIANCE OF LEASE AGREEMENT. 

Click here to download the forms

 Or You may purchase an Eviction packet from the Clerk’s office:

NON-PAYMENT OF RENT/NON-COMPLIANCE OF LEASE EVICTION (15 PAGES) $2.25

MOBILE HOME/LOT RENTAL EVICTION (16 PAGES) $2.40

BEFORE FILING AN EVICTION, YOU MUST:

  • Serve your tenant(s) with the proper notice that is specific to the type of eviction case you will be filing:

Example: a 3-day notice must be served on the tenant(s) if you are planning to file an Eviction case for NON PAYMENT OF RENT.

Example: a 7 day notice must be served on the tenant(s) if you are planning to file an eviction case for NON COMPLIANCE OF A LEASE AGREEMENT.

  • Make copies of the notice prior to serving your tenant(s). If the tenant(s) did not comply and when it is time to file the case, you will need to provide copies of the notice served. Please refer to the Eviction packet as to the number of copies needed.
  • Verify that the proper time has passed after you serve your tenant(s) with the notice.

You must wait 3 business days (excluding weekends or holidays) not counting the day of service to file an Eviction for Non Payment of Rent after you have served the 3 day notice.

You must wait 7 calendar days  not counting the day of service to file an Eviction for Non-Compliance of Lease after you serve your tenant(s) with the 7 day notice.

  • Confirm you have all your paperwork, filing fees and Sheriff’s office fees (Please refer to the checklist and filing fees provided in each Eviction packet)
  • Contact an Attorney for any legal questions if necessary. The Clerk’s office cannot provide legal assistance.
  • Contact the County Civil Department at 386-313-4483 for assistance with any procedural concerns.

HOW TO FILE AN EVICTION CASE WHEN YOU ARE NOT REPRESENTED BY AN ATTORNEY:

  • By mail: 1769 E. Moody Blvd, Building #1, Bunnell, Fl 32110
  • In person with the County Civil Department located on the 2nd floor of the Clerk’s office at the address above.
  • Electronically via Florida E-portal filing system: www.myflcourtaccess.com

WHO CAN FILE AN EVICTION CASE:

  • The landlord/homeowner
  • A property manager who has been given written authorization from the landlord
  • An Attorney

TENANT INFORMATION

WHEN AN EVICTION CASE HAS BEEN FILED AGAINST YOU:

  • Do exactly as the Summons reads: 
    • file an answer – the original answer must be filed with the Clerk of Court:
      • By mail: 1769 E. Moody Blvd, Building #1, Bunnell, Fl 32110
      • In person with the County Civil Department located on the 2nd floor of the Clerk’s office at the address above.

and a copy of your answer must be provided to the party who filed the case against you.

  • Deposit any rent due and owing into the Court Registry as well as the clerk’s fee (3% up to the first $500.00 and 1.5% for any amount over $500.00)
    • If you believe the amount claimed in the complaint is incorrect, deposit what you say you owe and file a MOTION for the Court to Determine the correct amount to be paid.

Please note: Doing one without the other may result in a Judgment for Possession without         further notice. There is no guarantee that a hearing will be scheduled.