Eviction / Landlord & Tenant

*Notice - 7/20/2020 *

A new form has been provided to landlords and tenants concerning evictions and the Cares Act until the end of August. The affidavit can be viewed by clicking on this link: Cares Act Affidavit.  

Eviction matters are governed by the laws of the State of Florida (Florida Statutes - Chapter 83) and by the Florida Rules of Civil Procedure.

Types of Notices

There are four different types of notices given to tenants for evictions. Each one is very specific in what it requires. Listed below are the different types of notices. You must give the tenant one of the following notices by either hand delivery to tenant or posting the notice to the tenants door. After the required time has passed you will bring to the Clerk's Office the filing fees and your completed complaint, along with five copies of one of the notices listed below, together with a stamped envelope addressed to each tenant. 

If there is a written lease agreement, bring five copies of it along with the notice and envelope to start the eviction procedures. There are Supreme Court approved forms for giving the notice and proceeding with the eviction procedure, these forms may be obtained from the Clerk's Office County Civil Division or on this page.

  1. Three Day Notice
  2. Seven Day Notice
  3. Fifteen Day Notice

If a tenant has not paid his rent, the landlord is required to give his tenant a three day notice in writing to vacate the premises or pay the rent. After three full days (Excluding Saturdays, Sundays, and legal holidays) have elapsed from the date of the notice (not counting the date the notice is delivered to the tenant), if the tenant has not complied with the notice, the landlord then comes to the Clerk's Office and files his complaint for eviction of the tenant. View the Florida Statute 83.56.

Process

When the eviction complaint is filed, the Clerk will issue a five day summons and send it to the sheriff for service on the tenant. The tenant will have five working days in which to file a written response to the summons with the Court or to vacate. If a written response is made, a hearing will be set before the judge assigned to the case and hearing notices will be sent to each party. If no response is made, the landlord may come back to the Clerk's Office, with a Motion for Default, and pay another $90 to the sheriff (Business check or money order payable to the Escambia County Sheriff or you can take cash to Sheriff Department). You will need to complete and submit three copies of a Judgment for Possession for the judge to sign, and three copies of a completed Writ of Possession to be issued by the Clerk's Office. 

The Sheriff's Department will serve the tenant with a notice to vacate. If the tenant does not vacate the premises, the Sheriff will then proceed to evict the tenants.

If the tenant should vacate the premises or pay the rent prior to the landlord filing their Motion for Default, the landlord should notify the Clerk's Office in writing and submit an Order of Dismissal for the Judge to sign.

Landlord & Tenant Information