Evictions

  1. Filing Instructions
  2. Zip Codes & Designated Courthouses 
  3. General Information
  4. Financial Resources

Evictions are handled by our Civil Law Department. Please note, Clerk employees are not permitted to give legal advice, which includes identifying which forms should be used in any particular situation. You may want to research Florida Statutes or utilize the Florida Courts help center. It is also advisable to consult an attorney if you are unsure of how to proceed. If you do not know a lawyer you may contact Lawyer Referral at 1-800-342-8011. The following instructions list the forms and steps needed for filing an eviction.

New! Zip Code Designations The 10th Judicial Circuit issued Administrative Order No. 3-38.4 that changes the procedures for filing Landlord/Tenant Eviction cases. Cases are now categorized by the property’s zip code and must be filed at the courthouse designated for the zip code. Paperwork filed in the incorrect location will experience processing delays.  

Step 1 - Initiate the Case

Electronic:

  • Prepare and file your case using TurboCourt, the Clerk’s guided DIY Court Filings tool.
  • Prepare your own forms* and file electronically through the Florida Court’s E-Filing Portal.

In-person or By Mail:
Submit forms* to the designated courthouse for the property zip code. Paperwork filed in the incorrect location will experience processing delays.

*The forms used for filing an eviction are available on the Florida Bar website. The chart below details the forms and fees that are needed for each case. Packets of forms and instructions are available at any of our three offices. 

The plaintiff(s) and defendant(s) complete name, address, zip code and telephone number must be furnished at the time of filing. All documents must be legible. 

Documents Needed:Number of Copies for One Defendant:Number of Copies for Two Defendants:
Notice From Landlord to Tenant (Florida Bar Forms 1 or 2)3 copies5 copies
Executed Written Lease 3 copies5 copies
Complaint for Landlord to Evict Tenants (Florida Bar Forms 5, 5a, or 6)1 original, 2 copies1 original, 4 copies
Summons (Florida Bar Form 7 or 8)1 original, 2 copies1 original, 4 copies
Property Managers - Letter of Authorization (See Clerk Document Center)1 copy1 copy
Certificate of Service (See Clerk's Document Center) 1 original1 original
Consent to Case Closure After 90 Days of Inactivity Form (See Clerk's Document Center)1 original1 original
Postage paid envelope addressed to each defendant for mailing a copy of the summons and complaint. If omitted, additional postage will be charged at the time of filing.1 envelope per defendant1 envelope per defendant


Service:Filing Fee:
Tenant Evictions for Possession Only$185.00
Oath, Administering, Attesting and Sealing$3.50
Issuing a Summons$10.00 each
Service Fee By Sheriff
(The Clerk's office can only accept a check or money order made payable to the Polk County Sheriff's Office.)
$40.00 per defendant
Service by a Certified Process ServerCheck with server to verify fee. A list of certified process servers is provided by the 10th Judicial Circuit. 


Accepted Payment Methods: Cash, money order, checks, and credit cards (Visa, MasterCard, Discover, and American Express) are accepted. Identification is required for processing personal checks; no third party checks will be accepted. A processing fee is required for credit card payments. 

Step 2 - Retrieve the Summons

Electronic:

  • Visit the Clerk’s online court records system - Polk Records Online (PRO) - to access and print your summons.
  • The Clerk can print the paperwork for you for $1.00 per page.

In-person or By Mail:

  • If filed in the correct location, you will receive a summons at time of filing, or we will courier your summons to the Sheriff's Office for service. 
  • If filed at the incorrect location, you must travel to the correct location to receive your summons once issued.

Step 3 - File Motions, Final Judgment, and Writ of Possession

Including a check to the Polk County Sheriff for $90 to serve your Writ of Possession will save you a trip to the Sheriff’s Office to pay them directly.

Electronic: 

  • E-file the Motion for Default and Motion for Final Judgment using the Florida Court’s E-Filing Portal. 
  • Mail the Final Judgment and Writ of Possession to the Judge’s Office.

In-person or By Mail:
Bring or mail all documents to your designated courthouse.

Cases Initiated in Bartow:
Bring your Motion for Default, Motion for Final Judgment, Final Judgment for Possession, and Writ of Possession to your Case Management Conference.

Documents Needed:Number of Copies Needed:
Non Military Affidavit (Florida Bar Form 81)1 original
Motion for Clerk's Default (Florida Bar Form 76 or Form 77)1 original
Motion for Default Final Judgment (Florida Bar Form 78 or 79) 1 original
Final Judgment - Eviction (Florida Bar Form 9 or Form 66) 1 original, plus a copy for each party and a stamped addressed envelope for each party
Writ of Possession (Florida Bar Form 11)1 original, 2 copies