Filing Your Own Eviction
Boot Your Tenant.com offers full service evictions in Duval and St. Johns County, Florida. However, if you live in a different part of the state, or you just like doing things yourself, you can legally file your own Count I Eviction. If you haven't gotten your documents yet, we can prepare them for a small fee. Just start with our Online Eviction Form and we'll send you everything you need. If you would like to start now, you can also download a copy of the 3 Day Notice at no charge. Here is what you will need to do:
Instructions for Completing Your Own Eviction Chapter 83 Florida Statutes
- 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.
- Paperwork and Filing Fee needed for filing eviction after giving tenant(s) the Three-Day Notice:
- • Complaint for Tenant Eviction
- • 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 $(check with your County Sheriff) 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.
- 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 2:
- • 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.
- Filing and Service of Summons - You may file your case with the Clerk of the Court either in person or by mail. Make sure to have cash, check, MasterCard or Visa, certified check, or money order payable to Clerk of Courts, in the amount of $(Verify amount) and Certified check or money order payable to the Sheriff of YOUR County in the amount of $(Verify Amount).
- 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:
- Paperwork Required to Obtain Judgment for Eviction
- • Motion for Default
- • Final Judgment
- 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.
- 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.
- 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.
Glossary Of Terms
If you're unfamiliar with the eviction process, these are some terms you might come across. The first link is a very handy tool:
- Wex - The Cornell University Law School online legal dictionary.
- cleaning deposit - A security deposit that is limited to securing the landlord against the cost of cleaning the premises if the tenant fails to leave the premises in a clean condition when the tenant vacates.
- cleaning fee - A fee charged by landlords to clean the premises either when the tenant takes possession or when the tenant vacates.
- constructive eviction - An act by the landlord that makes the premises unlivable, permitting the tenant to vacate the premises and end her lease obligation to pay rent.
- exculpatory clause - A provision in a lease or rental agreement that says that the landlord is not liable to the tenant if the tenant is injured on the property. Sometimes these provisions are valid, and sometimes they are not.
- implied covenant of quiet enjoyment - A requirement implied into a lease or rental agreement, under which a landlord promises not to disturb the tenant's right to peaceful possession of the property.
- landlord - Someone who rents out property to a tenant.
- notice to pay or quit - A written notice given by the landlord ordering the tenant to pay overdue rent or leave the premises within a stated period of time (commonly known as a 3 day notice).
- resident manager - A person hired by the landlord to manage the property while living in one of the building's apartments.
- retaliatory eviction - An eviction motivated by the landlord's desire to punish the tenant for the tenant's exercise of some right protected by law.
- retaliatory rent increase - A rent increase motivated by the landlord's desire to punish the tenant for the tenant's exercise of some right protected by law.
- self-help eviction - Acts by a landlord to evict a tenant, other than through an eviction lawsuit. Such acts might consist of changing locks, turning off utilities, or removing doors or windows. In most instances, self-help evictions are illegal.
- unlawful detainer - A lawsuit filed by a landlord to evict the tenant.
