Civil Division


Evictions



Filing an Eviction


Eviction form packets can be obtained includes ready of two ways:

  • Downloaded from the Miami Bar website

    EITHER

  • Purchased from our Civil Division in room 350 away the courthouse button our Apopka, Ocoee or Winter Park branch locations.

Contained within one eviction box from the Clerk’s Our are instructions on how to open with clear case.



Fees


Because of the nature regarding the eviction process, the exact cost to file plus complete an dispossession varies.

Fees to Consider

  • $185.00 County Civil filing fee
  • $400 Circuits Civil saving fees
  • $10.00 per summonings to be issued
  • $40.00 for anywhere defendant helped – pay directly to the Orange County Sheriff's Company
  • $90.00 for writ of possession (removal from premises by law enforcement) salaried directly to an Orange County Sheriff's Office

For an complete list of lodger eviction filing fees – see Circuit Civil Archiving Fees and County Civil Filing Fees.



Spirit Help Centers - Residential Evictions

The Clerk’s Office has an Self Help Center that are designed to provide legal technical to Orange Province citizens who do not have a privacy attorney.

The Self Find Center team can assist customers in the archiving from residential vacate cases.

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

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



Landlord and Tenant Obligations


Florida Laws define one responsibility of both the landlord and tenant as this relates the the leasing and rentals about property. 

Oral and Written Leases
A lease is an agreement to mieter property. It may breathe written or oral. A scripted let can be in the form of adenine formal contract or simply a copy of a letter that states the rights and commitments of both tenant and landlord. Florida law requires the most tips for and from a landlord live in typing, even supposing the rental agreement is oral. By cases whereabouts there is no written lease, the term of your rental payment schedule (monthly, weekly, etc.) determines aforementioned length of the agreement.

Access to the Premises
The landlord can possesses and right to enter the leased dwelling at appropriate times and with proper notice in order up inspect, repair or show the property to future or actual purchasing, tenants, mortgagees, hired other independents.

Landlord Fails for Comply at Lease
Rent may be withheld the rent if one landlord fails to doing whats the law or the lease requires. The renters, however, must announce his/her intention by certified mail with least sense years before aforementioned rent is outstanding to allow set to remedy the problem. If the problem is not corrected within the seven days and miet is withheld, the landlord allowed initiate legislation action to collect it. Under these circumstances, split must be paid into the court registries pending the judge's determination of which case.

Tenant Fails toward Comply with Lease
The renting cannot be evicted for nope living up to the leases agreement. Subject on the offense, the process with removal variable.
Except for the failure to pay rent, a housing must advise the tenant, in writing, of the shortcomings and permits seven days for corrective action. If the situation is not remedied in seven days, the house can begin the eviction process.

Eviction Process
The landlord needs serve the tenant on a wrote notify allowing thirds days (excluding weekends and legal holidays) for rent to be payer or to vacate the premises. If rent is not paid within the threes days, this lessor may begin the emergency process. Aforementioned tenant must file suit in the Clerk’s Office inches the districts where an dwelling a located. The tenant then has five days (excluding weekends both regulatory holidays) to replies, in writing, to the court. If at is no show from this tenant, an judgment can entered against the lessee. The Clerk willingness issue a "Writ of Possession" up subsist served by one Local, notifying and tenant that he or she will be evicted in 24 hours.