Explanation of Eviction Court Costs and Attorney Fees
1 Court Filing Fee
Court Filing Fee
(one-time fee beginning at $200.00)
Court filing fee charged by the county clerk when filing the case. This cost is set by Florida statute at $185.00. The clerk of county court will also issue a summons when filing an eviction, at a cost of $10.00 for each tenant listed on the eviction complaint. Additional $5.00 will be charged by the clerk of court for electronic filing.
Another costs charged when filing an eviction case in Florida is the fee charged by the Service Processor when serving the complaint and summons on the tenant or property. This cost is generally $40.00* per tenant for service of Count I (possession of the property only). Some Florida counties charge additional fees for service of the complaint.
Sheriff's Cost for Execution of Writ of Possession
Sheriff's fee is a cost charged by the Sheriff's office for execution of the Writ of Possession. Most Florida Sheriff's departments charge $90.00 for execution of the Writ of Possession. Some Florida Sheriff's departments charge an additional cost for a second or third tenant.
Court Filing Fees and Summons. This fee is charged by the clerk of the county court where the eviction case is filed. The filing and summons fee in most Florida counties is $200.00.
Service of Process. This fee is charged by the certified service processor for service on the tenant of the court documents. Generally the fee is $40 per tenant.
Sheriff Fee. This fee is charged by the Sheriff's Office for executing the Writ of Possession. Generally the fee is $90.00. In some counties the fee is $90.00 for the first tenant, and $40.00 for each additional tenant.
Florida eviction attorney Christophe Fiori represents landlords in courts throughout Florida.
Eviction Count II - Damages and Past Due Rent
Obtaining a Judgment for Past Due Rent/Damages (Count II)
What is Count II Past Due Rent and Damages?
All eviction cases include Count I for possession of the Property the subject of the complaint for eviction. Count II for Past Due Rent and Damages is a separate cause of action which can be included in the complaint for eviction. Count II for Past Due Rent and Damages is sometimes also referred to as a 'judgment for money damages'.
Some Key Differences between Count I and Count II
Before obtaining a Final Judgment for Past Due Rent/Damages (Count II) the complaint for eviction must be personally or substitute served on the tenant.
The tenant has 20 days to file a response to Count II for Past Due Rent and Damages.
If your complaint for eviction includes Count II for Past Due rent and Damages, then the court can grant a judgment for money damages in addition to a judgment for possession of the property. A final judgment Count II for Past Due Rent and Damages may also include attorney fees incurred by the landlord.
Service of process of court documents refers to delivery of court documents to the person or persons named in the complaint in a manner that places the tenants on notice that an eviction has been filed against him or her. ess) to file a response (and take certain actions) within 5 business days. A Florida certified private process server or a Florida Sheriff may serve court documents on a tenant or property. Process usually includes the summons and complaint. A lease and notice is generally attached to the complaint and also served on the tenant or property.
Process must be correctly 'served' or delivered to the person named on the complaint and summons for the court to have jurisdiction (or power) over the tenant or property. A court will not enter a final judgment without proper service of process of court documents on the tenant or property.
There are generally two types of service of court documents that can be employed when filing an eviction. The first is usually referred to as 'Personal Service', which means that the documents are delivered to the tenant and either explained or read to the tenant. The second type of service is when the process server simply 'posts' the summons and complaint on the property, but does not specifically hand the documents to the tenant. This type of service is called 'Posting'.
This website has been prepared by Law Office of Christophe Fiori, PLLC for informational purposes only and does not constitute legal advice. The information on this website is not provided in the course of a attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.
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