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Florida Eviction Costs & Attorney Fees
Cost of Residential Eviction
Attorney Flat Fee for Residential Uncontested Eviction Plus Court and Sheriff Costs
$200.00 for Court Filing Fee and Summons (varies by county & type of case filed) (Refundable if not used)
$ 50.00 for Service of Process (per tenant) (Refundable if not used.)
$500.00** Attorney Flat Fee Uncontested Eviction for Non-payment of rent (Count I - Possession Only) (This fee is Non-Refundable) what's included?
- Preparation of uncontested documents (Included)
- 30 minute consultation with attorney (Included)
$750.00 TOTAL ESTIMATED COST (Uncontested)*
* Estimated cost does not include: Sheriff's fee ($90), Count II-Unpaid Rent, or contested matters. Additional attorney fees may apply if the tenant contests the case. Attorney Flat Fee is non-refundable.
Attorney Flat Fee: $500*
- $200 Est. Court filing fee & Summons (varies by county)
- $50 Service of Process per tenant (higher in some counties)
- $90 Sheriff's fee (if needed)
- $750* Typical Est. Total Cost (single tenant, non-payment of rent, uncontested).
Explanation of Eviction Court Costs
Court Filing Fee
Service of Court Documents
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.
Service of Court Documents
Service of Court Documents
Service of Process of Court Eviction Documents
(one-time fee $50.00* each tenant - Count I only)
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 Eviction
Sheriff's Cost for Execution of Writ of Possession
(one-time $90.00)
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.
What's included and not included in Attorney Flat-Fee
Attorney Flat Fee - What's Included?
Attorney Flat Fee - What's Not Included
Attorney Flat Fee - What's Not Included
- 15 minute consultation
- Review of 3 Day Notice to Pay or Vacate.
- Preparation and filing of Complaint for Eviction Count I-Possession.
- Preparation and filing of all uncontested documents to obtain Final Judgment of Eviction and issuance of Writ of Possession.
Attorney Flat Fee - What's Not Included
Attorney Flat Fee - What's Not Included
Attorney Flat Fee - What's Not Included
- Attorney consultation regarding contested matters
- Attorney appearance at hearing.
- Attorney attendance at mediation.
- Settlement Negotiations and Preparing Stipulation/Agreement
- Count II - Damages and Past Due Rent. more
- 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 for eviction for non-payment of rent. In some counties this fee may be higher for filing of unlawful detainer eviction or request for money damages.
- 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 $50 per tenant. In some counties the fee may be higher.
- Sheriff Fee. This fee is charged by the Sheriff's Office for executing the Writ of Possession. Generally this fee is $90.00. In some counties the fee may be higher.
Contested Eviction Cost
Attorney Representation for Contested Eviction
Eviction attorney Chris Fiori has represented residential and commercial landlords in county and circuit court throughout a many Florida counties. In some contested evictions are resolved after one hearing in front of the judge or through settlement discussions.
Attorney Legal fees for Additional or Contested Issues
- Tenant Files Contested Answer If the tenant files a Contested Answer and/or deposits rent into the registry of the Court, the client agrees to pay to the attorney immediately an additional $250 non-refundable retainer if the tenant is not represented by an attorney or $500 non-refundable retainer if the Tenant is represented by an attorney, which retainers are fully earned when received. Additional attorney fees may apply at the hourly rates of $300 per hour for attorney and $125 per hour for paralegal.
- Mediation or Hearing. Upon filing of a notice of hearing or notice of mediation Client agrees to pay to the attorney an additional $250 non-refundable retainer if the tenant is not represented by an attorney or $500 non-refundable retainer if the Tenant is represented by an attorney, which retainers are fully earned when received if a contested hearing or mediation is scheduled. Mediation or Hearing Retainer Generally Includes: preparation and attendance at contested hearing or mediation, related court filings, and related consultations with attorney (retainer generally includes up to 30 minute consultation with attorney). Additional attorney fees may apply at the hourly rates of $300 per hour for attorney and $125 per hour for paralegal. (see Attorney Retainer Agreement)
- Preparation of Stipulation for Settlement and Order Client agrees to pay to the attorney an additional $250 non-refundable retainer if the tenant is not represented by an attorney or $500 non-refundable retainer if the Tenant is represented by an attorney, which retainers are fully earned when received for Stipulation Retainer Generally Includes: preparation of written agreement, submitting agreement to the court for approval, and up to one (1) hour related settlement negotiations and consultations with attorney. Additional attorney fees may apply at the hourly rates of $300 per hour for attorney and $125 per hour for paralegal.
Call to speak with an experienced eviction attorney (813) 333-1660
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.
Disclaimer: the information on this website is provided for general purposes only and is not a substitute for legal advice from an experienced eviction lawyer. see more
Florida Landlord Definitions
Service of Process
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'.
Disclaimers
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.
The information contained in this website is provided only as general information, which may or may not reflect the most current legal developments. This website occasionally contains links to other web pages. The inclusion of such links, however, does not constitute referrals or endorsements of the linked entities. Law Office of Christophe Fiori, PLLC specifically disclaims any responsibility for positions taken by users in their individual cases or for any misunderstanding on the part of users of this website or any linked websites.
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