The Clerk's Office does not give legal advice regarding Evictions. If you have received a Tenant Eviction Summons, please contact your attorney regarding the filing of an answer and posting of rent.
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.
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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.
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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 a written lease (if your agreement is in writing)
AND
Three self-addressed stamped envelopes.
Click here.
Please note that there is an additional $20.00 fee per defendant for the Sheriff to serve the Summons. You must have a separate money order or check made out to the Putnam County Sheriff's Office.
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 Eviction 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.
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.
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.
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.
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.
