1. 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 7 day notice for failing to comply with lease. 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. These forms are available at the Clerk's office.
2. When you file the eviction, you will need one copy of the 3 or 7 day notice that you gave the tenant for the file. Eviction Complaints are available at the Clerk's office.
3. There will be a $80.00 filing fee for the Clerk of the Court.
4. There is an additional $20.00 per defendant for the Sheriff to serve the Summons. You must have a separate money order or check made out to the Hendry County Sheriff's Department.
5. If the defendant fails to comply with the Eviction Summons within 5 days (this excludes day of service, holidays and weekends), the landlord can obtain a Motion for Default. The Default form may be obtained from the Clerk's office. Once the Default has been entered, the Judge will then enter a Judgment. If the defendant should comply with the summons, a hearing will be scheduled and all parties will receive a Notice of Hearing by mail from the Clerk. The landlord will be required to appear in person for Court unless represented by an Attorney.
6. If a Final Judgment is ordered by the Judge, the Plaintiff may request a Writ of Possession from the Clerk which will be delivered to the Sheriff for service (there is an additional $70.00 charge that you must pay to the Sheriff for serving the Writ).
7. When a complaint contains a claim for back rent and damages, the Defendant has 20 days to answer that part of the eviction and a hearing will also be scheduled. A copy of this hearing will be served on the tenant along with the Summons. The landlord will receive a copy by mail. The landlord will be required to appeared in person for court unless represented by an Attorney.