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Landlord/Tenant Actions

A residential landlord/tenant action applies to the rental of a non-commercial dwelling unit and is an action filed by a landlord against a tenant on common disputes such as payment of rent, non-compliance or breach of a lease or rental agreement.

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.

Landlord/tenant actions involving money amounts only and that are under $5,000 (five thousand dollars) can be filed in Small Claims Court.   Evictions or other breach of lease issuses must be filed in County Court.

Before you can file a residential landlord/tenant action, proper written notice must first be given to the tenant.  The form of the notice will depend on the landlord's reason for terminating the lease.



  • Download "Landlord and Tenant Eviction for Residential Property" FORMS.

    OR

  • GET ONLINE HELP WITH COMPLETING LANDLORD/TENANT, DIVORCE &/OR SMALL CLAIMS FORMS

    The Clerk's Self Help Center for affordable legal services offers limited attorney consultations to pro se or self-represented litigants (i.e. those people 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.


    Information from the St. Petersburg Times is available:

      In Adobe Acrobat format, HERE.
      In Microsoft Word format, HERE.
      Commonly Asked Questions:
      1. Where can I get copies of the notices required?
      2. After I give proper written notice, what do I have to do?
      3. Do I need an attorney?
      4. Will I need to go to court?
      5. Is there other information available on collecting the final judgment ?
      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?



       
      Image of a Q WHERE CAN I GET COPIES OF THE DIFFERENT NOTICES REQUIRED?
      Image of an A 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 Office 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 have difficulty filling out the forms, you may use the Clerk's online, automated form completion help for a fee by clicking here. OR 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 legal services to schedule an appointment with an attorney for $15 for 15 minutes.



       
      Image of a Q AFTER I GIVE PROPER WRITTEN NOTICE, WHAT DO I HAVE TO DO?
      Image of an A In order to file a landlord action, you must file a petition and request that the Clerk issue a summons and return it to you for service. To have the summons served, you will need to contract with a Private Process Server, click here for a list of Pinellas County appointed process servers. Bring the following documents with you when you come to the Clerk's Office.
      • One copy of the notice for the file
      • Two copies of the notice for each tenant named in the case
      • One copy of the notice for yourself
      • A copy of the lease for the file and two copies for each tenant named in the case
      • A legal size envelope, addressed to each tenant, with postage (stamped)
      • One self-addressed envelope with postage (stamped) for the Clerk to return the summonses to you
      • One copy of the complaint for yourself
      • Two copies of the complaint for each tenant named in the case
      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 for affordable legal services offers limited attorney consultations to pro se or self-represented litigants (i.e. those people who do not plan to have an attorney represent them in court) for $15 for 15 minutes. Form packets may also be purchased at the Clerk's Self Help Center.


       
      Image of a Q DO I NEED AN ATTORNEY?
      Image of an A 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 legal services to schedule an appointment with an attorney for $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 Office 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 have difficulty filling out the forms, you may use the Clerk's online, automated form completion help for a fee by clicking here. OR 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 legal services to schedule an appointment with an attorney for $15 for 15 minutes.



       
      Image of a QWILL I NEED TO GO TO COURT?
      Image of an A 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 or moneys are deposited into the court registry, 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 payment payable to the Pinellas County Sheriff’s Office and include with the Writ of Possession submitted to the Clerk’s Office.



       
      Image of a Q IS THERE OTHER INFORMATION AVAILABLE ON COLLECTING THE FINAL JUDGMENT?
      Image of an A A brochure entitled, "Collecting The Judgment" gives information on possible ways to collect on a final judgment involving money.



       
      Image of a Q 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?
      Image of an AEjectment (per Chapter 66, Florida Statutes) is used to remove a person or persons who occupy real property with you, but do not hold title to that property.
      • The property must be located within Pinellas County.
      • The individual(s) occupying the property are not tenants.
      Example – You have someone (roommate, boyfriend, girlfriend, family member) living in your home with you. There is no rental agreement. You do not want that person in your home any longer.

    • Circuit Filing fee:      $400.00
    • Summons issuance fee:      $10.00 per summons
    • Fees are payable by cash/personal check/cashiers check/certified check/money order/ traveler’s check/credit card (MasterCard, or Visa) to the Clerk of Court.

      IN ADDITION to the above mentioned filing fee and summons issuance fee, you will be required to obtain your own private process server.

      The FORMS for use with "Ejectment," can be downloaded and printed by clicking, HERE .

  • Ken Burke, Clerk of the Circuit Court
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