A landlord (the owner or lessor of a dwelling) may file a residential landlord action against a tenant (a person entitled to occupy a dwelling unit under a rental agreement). If you have a commercial, agricultural or personal property lease, you should consult an attorney for the proper procedures to resolve disputes.
Download "Landlord and Tenant Eviction for Residential Property" FORMS
The Clerk's Self Help Center offers affordable legal services in the form of limited attorney consultations to pro se or self-represented litigants (i.e. those who do not plan to have an attorney represent them in court). Form packets may also be purchased at the Clerk's Self Help Center.
More information about landlord and tenant responsibilities can be found on the Division of Consumer Services website.
Information from the St. Petersburg Times is available: In Adobe Acrobat format, HERE.
In Microsoft Word format, HERE.
Frequently Asked Questions:
- Where can I get copies of the notices required?
- After I give proper written notice, what do I have to do?
- Do I need an attorney?
- Will I need to go to court?
- Is there other information available on collecting the final judgment ?
- What if I want someone who is living with me, such as a roommate, boyfriend, girlfriend or family member
removed and there is no rental agreement?
Q1. WHERE CAN I GET COPIES OF THE DIFFERENT NOTICES REQUIRED?
There are forms landlords will need to send to tenants
to terminate the lease and evict the tenant and
forms for tenants to use to give notice to the landlord to end the lease or withhold rent
payments.
The Clerk's Civil Court Records departments and Self Help Centers have forms designed for use in the event of common residential/landlord disputes available for purchase. Additionally, a packet of forms can be obtained online, HERE. If you would like to consult with an attorney and have an attorney review your forms before filing them, you may visit the Clerk's Self Help Center for affordable attorney consultations starting at $15 for 15 minutes.
Q 2. AFTER I GIVE PROPER WRITTEN NOTICE, WHAT DO I HAVE TO DO?
In order to file a landlord action, you must file a complaint and provide summonses for the Clerk to issue to each tenant. The issued summons(es) will be returned to you in the postage paid addressed envelope that you provide. You will then need to contract with a Private Process Server (click here for a list of Pinellas County appointed process servers) to have the summons(es) served on the tenant(s). Bring the following documents with you to file your case with the Clerk's Office:
- Complaint for Eviction [Form #5 or 5a] with attached copy of the written lease agreement and/or Notice to Pay Rent [Form #1]
Copies required – (1) Original filed with the Clerk and (1) copy for each Defendant to be served*
- Civil Cover Sheet [Form #1.997]
- Authorization of Property Manager [Form #COCIV 87]. Only provide if you are a property manager filing a complaint on behalf of a landlord
- Summons on Claim for Possession of Residential Premises and/or Ancillary Relief [Form #7] – must provide separate summons for each tenant
Must also include Spanish and French translations (pg. 2 of Form #7)
Copies required – (1) Original and (1) copy for each Defendant to be served.*
- $10.00 summons fee – payable to the Clerk of Circuit Court (fee required for each summons issued by the Clerk)
- One self-addressed envelope with postage (stamped) for the Clerk to return the summonses to you
* If you anticipate posting, per Florida Statute 48.183, the landlord must provide an additional copy of the complaint with attachments, summons, and a pre-addressed stamped envelope for mailing to each Defendant.
In addition, filing fees will be owed and a process fee for service by a private process server or service by publication.
There are different requirements for tenant actions. You may wish to consult an attorney or refer to the public library or law library for detailed information.
The Clerk's Self Help Center offers affordable legal services in the form of limited attorney consultations to pro se or self-represented litigants (i.e. those who do not plan to have an attorney represent them in court). Attorney consultations start at $15 for 15 minutes. Form packets may also be purchased at the Clerk's Self Help Center.
Q 3. DO I NEED AN ATTORNEY?
You may wish to consult with an attorney or familiarize yourself with the procedures for enforcing your rights under your lease. If you would like to consult with an attorney and have an attorney review your forms before filing them, you may visit the
Clerk's Self Help Center for affordable attorney consultations starting at $15 for 15 minutes.
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 can be found in section 51.011 Florida Statutes. The public library or the law library located in the Old Clearwater Courthouse at 324 South Fort Harrison Ave., will have these reference materials. Forms approved for use in the Sixth Judicial Circuit are available in the Clerk's Office for individuals filing landlord/tenant actions on their own behalf (pro se).
The Clerk's Civil Court Records departments and Self Help Centers have forms designed for use in the event of common residential/landlord disputes available for purchase. Additionally, a packet of forms can be obtained online,
HERE. If you would like to consult with an attorney and have an attorney review your forms before filing them, you may visit the
Clerk's Self Help Center for affordable attorney consultations starting at $15 for 15 minutes.
An additional resource is www.800helpfla.com.
Q 4. WILL I NEED TO GO TO COURT?
The party served the summons will have a specific time period in which to respond dependent upon the type of summons issued.
If a response is filed, you will need to contact the assigned judge's office to schedule a court date.
If no response is received or no moneys are deposited into the court registry, you may file a Motion for Default with the Clerk's Office.
If the Court enters a final judgment against a party in default and the final judgment is for eviction, you may ask the Clerk to execute a Writ of Possession if you anticipate having to forcibly remove the tenant or tenant's possessions.
The Pinellas County Sheriff's Office currently charges a fee of $90.00 to serve the writ. The Sheriff accepts in-state checks, money orders or cashier checks. Please make the payment payable to the Pinellas County Sheriff's Office and include with the Writ of Possession submitted to the Clerk's Office.
Q 5. IS THERE OTHER INFORMATION AVAILABLE ON COLLECTING THE FINAL JUDGMENT?
The Clerk has provided a page for collecting a judgment which gives information on possible ways to
collect on a final judgment involving money.
Q 6. What if I want someone who is living with me, such as a roommate, boyfriend, girlfriend or family member
removed and there is no rental agreement?
Please refer to the Eviction-Ejectment-Unlawful Detainer quick reference guide.
