Recently updated on July 13th, 2025 at 01:50 pm

Prepare your documents for Eviction in Florida

This website helps prepare the forms required for Eviction in Florida.

An overview of Eviction at is here

Start

HOW IT WORKS

Take-Screening

1. Take Screening

Start with an online screening tool to help you determine which eviction-related legal option best fits your situation.

Prepare-Documents

2. Prepare Documents

Instead of looking at the forms themselves, our system will help you complete your filing documents by having you answer all of the necessary information by topic. We will ask you questions in plain and non-legal language. To make this process as simple as possible, our system will then generate your response anywhere it is needed on the forms.

questionAndAnswer

3. Consult Advocate (Optional)

You can consult a housing advocate to get guidance on eviction-related matters. If you’re facing eviction from a rental property, an advocate can help you understand your rights and options. They can review your case documents, speak with you directly about your situation, and assist with developing a plan to maintain housing stability.

Submit-to-Court

4. File with the Clerk

You can formally begin the case by filing with the Office of the Clerk. You can do that by either printing and visiting the clerk's office at the court or using the clerk's virtual office online . The court has two locations, Seattle and Kent, listed at the bottom of this page.

Process

Step 1

You: Take Online Screening

Begin your eviction process by taking the screening on LegalAtoms. Just enter your zip code in the top right corner of the homepage, then answer some simple questions about your rental situation and the tenant issue you are facing. This screening is designed to confirm whether filing an eviction case is appropriate for your situation and which specific forms and steps you will need. Based on your answers, LegalAtoms customizes the process to fit your county’s local rules and your case details.Before starting, gather all relevant documents to support your eviction claim.

Step 2

You: Gather Evidence and Issue the 3-Day Notice to Pay Rent or Vacate

Start by collecting all relevant documents to support your eviction case, including:

  • The lease agreement signed by you and your tenant

  • Records of rent payments or missed payments

  • Any written communication or warnings sent to the tenant

Next, prepare the required 3-Day Notice to Pay Rent or Vacate in compliance with Florida law (Florida Statute § 83.56(3)). You can use LegalAtoms’s document generator to quickly create a properly formatted notice, or upload your own if you already have one. It is very important to serve this notice correctly, either by handing it directly to the tenant or by posting it on their door and mailing a copy. Keep a copy of the notice and proof of how you served it, as this documentation will be critical for your court filing.

Step 3

You: Wait for the Notice Period to Expire

After serving the notice, you must wait the full three business days (excluding weekends and holidays) for the tenant to either pay the overdue rent or vacate the property.

If the tenant complies within this period, the eviction process ends here. However, if the tenant does not respond or refuses to pay or move out, you can proceed to formally file your eviction lawsuit.

Step 4

You: Create Your Eviction Case on LegalAtoms

Log into your LegalAtoms account, or create a new one if you don’t have an account yet. On your dashboard, select “Start New Case” and choose “Eviction” as the case type. The platform will guide you step-by-step through entering:

  • Tenant’s full name and contact information

  • Property address and lease details

  • Uploading evidence such as the lease, the 3-Day Notice, and rent payment history

LegalAtoms then automatically prepares all the required court forms, including the Eviction Complaint. You can choose to include both Count I (request for possession) and Count II (monetary damages for unpaid rent) if applicable.

Review all documents carefully, then digitally sign them directly within the platform. Finally, submit your filing electronically through LegalAtoms’s e-filing system if your county supports it. If e-filing is unavailable, you can download a complete filing packet to submit in person at your local courthouse.

Step 5

You: Serve the Summons and Complaint

Once your case is filed, the court will issue summonses to notify the tenant about the eviction lawsuit.

 

Serve the Tenant:

You must arrange for these summonses to be served by the Sheriff’s Office, since you cannot serve these documents personally.

After service is completed, the Sheriff will file the proof of service with the clerk directly. 

Step 6

Wait for Tenant’s Response

After the tenant is served, monitor your LegalAtoms dashboard or court communications for the tenant’s response within the required timeframes:

  • 5 court days for the tenant to respond to the possession claim (Count I)

  • 20 calendar days for response to any monetary damages claim (Count II)

If the tenant does not respond within these deadlines, LegalAtoms will notify you that you may now request a default judgment, which can expedite the case in your favor.

Step 7

You, Request Default Judgment or Prepare for Hearing

If the tenant fails to respond, LegalAtoms will guide you through generating and filing a Request for Default Judgment with the court, allowing you to obtain a ruling without attending a hearing.

However, if the tenant files a response and asks for a hearing, LegalAtoms will help you prepare by explaining how to organize your evidence and what to expect in court. You will have the opportunity to present your case clearly and effectively before a judge.

Step 8

You: Obtain Final Judgment and Request Writ of Possession

If the court rules in your favor, the judge will issue a Final Judgment granting you possession.

Afterward, you can file a Request for Writ of Possession through LegalAtoms. Once the writ is issued, you must deliver it to the sheriff along with any fees. The sheriff will then serve the tenant with a 24-hour Notice to Vacate. If the tenant does not leave within 24 hours, the sheriff will forcibly remove them, and you will regain legal possession of your property.

FAQs

Court Forms Created This website guides you through all the topics required to complete your protection order documents and file your case.

Core Forms

  • Notice to Tenant

  • Complaint For Tenant Eviction (Non-Payment Of Rent)

  • Eviction Summons Residential

  • Motion for Clerk’s Default

With Possession

  • Motion for Default by Judge

  • Proposed Final Judgment – Count I

  • Final Judgment – Count I

  • Writ of Possession

With Damages

  • Motion for Default – Count II

  • Affidavit of Indebtedness

  • Proposed Final Judgment – Damages Count II

  • Final Judgment – Damages Count II