Civil Division


Evictions


Filing an Eviction


Eviction form packets can be obtained in one of two ways:

  • Downloaded from the Florida Bar website

    OR

  • Purchased from our Civil Division in room 310 of the courthouse or our Apopka, Ocoee or Winter Park branch locations.

Contained within the eviction packet from the Clerk’s Office are instructions on how to file an eviction case.



Fees


Because of the nature of the eviction process, the exact cost to file and execute an eviction varies.

Fees to Consider

  • $185.00 County Civil filing fee
  • $400 Circuit Civil filing fee
  • $10.00 per summons to be issued
  • $40.00 for each defendant served – paid directly to the Orange County Sheriff's Office
  • $90.00 for writ of possession (removal from premises by law enforcement) paid directly to the Orange County Sheriff's Office

For a complete list of tenant eviction filing fees – see Circuit Civil Filing Fees and County Civil Filing Fees.



Self Help Center - Residential Evictions

The Clerk’s Office has a Self Help Center that is designed to provide legal assistance to Orange County citizens who do not have a private attorney.

The Self Help Center staff can assist customers in the filing of residential eviction cases.

Self Help Center services include attorney consultations, form completion assistance and notary and copy services.

To learn more about the Clerk’s Self Help Center, including how to schedule low-cost attorney consultations, see the Self Help Center section of our website.



Landlord and Tenant Obligations

Florida Statutes define the responsibility of both the landlord and tenant as it relates to the leasing and renting of property. 

Oral and Written Leases
A lease is an agreement to rent property. It may be written or oral. A written lease can be in the form of a formal contract or simply a copy of a letter that states the rights and obligations of both tenant and landlord. Florida law requires that most notices to and from a landlord be in writing, even if the rental agreement is oral. In cases where there is no written lease, the term of your rental payment schedule (monthly, weekly, etc.) determines the length of the agreement.

Access to the Premises
The landlord has the right to enter the leased dwelling at reasonable times and with proper notice in order to inspect, repair or show the property to prospective or actual purchasers, tenants, mortgagees, workers or contractors.

Landlord Fails to Comply with Lease
Rent may be withheld if the landlord fails to do what the law or the lease requires. The tenant, however, must announce his/her intention by certified mail at least seven days before the rent is due to allow time to remedy the problem. If the problem is not corrected within the seven days and rent is withheld, the landlord may initiate legal action to collect it. Under these circumstances, rent must be paid into the court registry pending the judge's determination of the case.

Tenant Fails to Comply with Lease
The tenant can be evicted for not living up to the lease agreement. Depending on the offense, the process for removal varies.

Except for the failure to pay rent, a landlord must notify the tenant, in writing, of the shortcomings and allow seven days for corrective action. If the situation is not remedied in seven days, the landlord can begin the eviction process.

Eviction Process
The landlord must serve the tenant with a written notice allowing three days (excluding weekends and legal holidays) for rent to be paid or to vacate the premises. If rent is not paid within the three days, the landlord may begin the eviction process. The landlord must file suit in the Clerk’s Office in the county where the dwelling is located. The tenant then has five days (excluding weekends and legal holidays) to respond, in writing, to the court. If there is no response from the tenant, a judgment is entered against the tenant. The Clerk will issue a "Writ of Possession" to be served by the Sheriff, notifying the tenant that he or she will be evicted in 24 hours.