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.

Filing an Eviction

1.
Before you can file an eviction, you must give one of the following proper written notices (available for 15 cents per page at the Clerk’s Office):

3 day notice for failing to pay rent, or
7 day notice for failing to comply with lease

These days exclude the day of service and Holidays and weekends. If the tenant fails to comply with the Notice, you may then file the eviction.
2.
When you file the eviction, you will need one copy of the 3 or 7 day notice for the file and an additional copy for the defendant. Filing and other fees are listed below.
3.
If the defendant fails to comply with the Eviction Summons within 5 days (this excludes day of service, holidays, and weekends), you may send a written request to the County Judge requesting a Default Final Judgment. If the defendant should comply with the summons, you will need to send a written request to the County Judge’s office for a court date. The landlord will be required to appear in person for court unless represented by an attorney.
4.
If a Final Judgment is ordered by the Judge, the Plaintiff may request a Writ of Possession from the Clerk which should be delivered to the Sheriff for service (there is an additional $90.00 charge that you must pay to the Sheriff for serving the Writ plus $7.00 payable to the Clerk of the Court for preparation of the Writ).
5.
When a complaint contains a claim for back rent and damages, the Defendant has 20 days to answer that part of the eviction. If the defendant fails to answer in the 20 days, the Plaintiff can submit a written request for a Default Judgment on the back rent and damages. If the Defendant answers this part of the eviction, the Plaintiff must send a written request for a court date to the Judge’s office.

Filing and Other Fees:

Filing Fee $185.00
Issue Summons

Prepare (Clerk preparation of) and Issue Summons

$10.00 per defendant

$17.00 per defendant

Prepare Any Paper

Examples are: Clerk’s Certificate of Mailing; Summons; Writ of Possession; etc.

$7.00 per paper
Service by Flagler County Sherrif’s Office

$40.00 per defendant
(The Flagler County Sheriff Department does not accept personal checks. You must have a separate money order or cashier’s check made out to the Flagler County Sheriff Department.)

Example:
One defendant = $209.00 payable to the Clerk’s Office plus the Flagler County Sheriff’s fee.

Two defendants = $226.00 payable to the Clerk’s Office plus the Flagler County Sheriff’s fee.