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Eviction Frequently Asked Questions
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Frequently Asked Questions (Click to sort)
What if I have been issued an Eviction?

The Clerk's Office does not give legal advice regarding Evictions. If you have received a
Tenant Eviction Summons, please contact your attorney regarding how to file an Answer
and post rent.


How do I file a residential Tenant Eviction?

Evictions are governed by Florida Statute 83 and may be filed at the County Civil Division.


The Clerk's Office does not give legal advice regarding Evictions. You should contact your
attorney. However, you can purchase an information packet (for a small fee for copies),
including notice and complaint form from the Clerk.

  • Before you can file an Eviction, you must give one of the following proper
    written notices to the Tenant(s):

3 day notice for failing to pay rent

OR

15 day notice for termination


These days exclude the day of service, holidays and weekends. If the
Tenant fails to comply with the Notice, you may then file the Eviction.


  • When you file the Eviction, you will need:

Two copies of the 3 or 15 day notice that you gave the Tenant

AND

Two copies of the lease (if your agreement is in writing)

AND

Three self-addressed stamped envelopes.


What are the fees for an Eviction?

Click here.


Please note that there is an additional $40.00 fee per defendant for the Sheriff to serve the summons.
You must have cash or a separate money order or check made out to the Putnam County Sheriff's
Office.


What happens after the Tenant is served with the Eviction Notice?

The Tenant has five days after being served (this excludes day of service, holidays and weekends)
to respond, in writing, to the Court.

  • If the defendant fails to comply with the Evictions Summons within 5 days, the
    landlord can obtain a Motion for Default. Once the Default has been entered,
    the judge will then grant a Writ of Possession. There is an additional $70.00
    charge that you must pay to the Sheriff's Office for serving the writ.
  • If the defendant complies with the summons, a hearing may be scheduled and
    all parties will receive a Notice of Hearing by mail from the judge's office. The
    landlord will be required to appear in person for court unless represented by
    an attorney.

What happens if I file an Eviction and I don't show up to Court?

Your Eviction complaint will be dismissed. An attorney may always represent the owner in court
but an agent for the owner MAY NOT attend instead of the owner.


What is a Writ of Possession?

Writ of Possession is a directive issued by the Court instructing the Sheriff's Office to enforce
a court order for possession by taking possession of particular property and evicting any
persons from the premises. A notice to move within 24 hours is served at the residence.


How do I seek back rent?

When a complaint contains a claim for back rent and damages, the defendant has 20 days to
answer that part of the Eviction. After the landlord receives possession of the property and
determines what their damages are, they can file an Affidavit as to damages. This form can
be obtained from the Clerk's Office, County Civil Division. The landlord will mail a copy of the
completed form to the Tenant. The judge will schedule a court hearing and, after testimony,
determine if a judgment should be awarded. If you are awarded a judgment you may obtain
information on how to collect it here.


If my Tenant deposits rent into the Court Registry, how do I get the money?

Money deposited into the Court Registry can only be released with a court order. You can file
a motion and ask the judge to release that money from the Court Registry.


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