Evictions
Effectively immediately, all eviction actions will require an affidavit of military service to be eligible for Clerk’s Default.
Evictions
Landlords and tenants should familiarize themselves with Chapter 83 (Landlord and Tenant) and Chapter 723 (Mobile Home Park Lot Tenancies) of the Florida Statutes. All eviction actions require an affidavit of military service to be eligible for a Clerk’s default.
The information contained in the Eviction Form Set packet will assist you with the steps necessary to file your case. Be sure to read the forms packet in its entirety. It will not answer any legal questions. The Brevard County Clerk of the Circuit Court and Comptroller’s Office cannot provide legal advice. Any legal questions must be directed to an attorney. The Clerk’s Office cannot recommend an attorney to you. The Florida Bar’s Attorney Referral Service my be able to recommend an attorney; contact them at 1-800-342-8011.
The landlord and tenant must file any changes in address in writing using the Notice of Change of Mailing Address or Designated E-mail Address form. If the case is settled between the two parties after the case is filed, the landlord must file the appropriate forms to dismiss the action.
Forms
-
Eviction Form Set
(Eviction Form Set - Residential.pdf - 2.5 MBs) -
3 Day Notice to Tenant
(3 Day Notice to Tenant - 217.pdf - 2.3 MBs) -
Complaint for Removal of Tenant
(Complaint for Removal of Tenant - 119.pdf - 1.1 MBs) -
Affidavit of Military Service
(Affidavit of Military Service - 456.pdf - 1.7 MBs) -
Non-Attorney Designation of Email Address
(Non-Attorney Designation of Email Address - 1350.pdf - 2.2 MBs) -
5 Day Summons
(5 Day Summons - Evictions - 131.pdf - 2.2 MBs) -
20 Day Summons for Back Rent or Other Damages
(20 Day Summons - Eviction - 1404.pdf - 3.2 MBs) -
Motion for Entry of Default by Clerk
(Motion for Entry of Default by Clerk - 580.pdf - 1.7 MBs) -
Motion
(Motion - General - 1342.pdf - 3.1 MBs) -
Order
(Order - General - 973.pdf - 1.9 MBs) -
Notice of Hearing
(Notice of Hearing - Civil - LITIGANT PURPOSES - 1331.pdf - 5.2 MBs) -
Default - Final Judgment of Eviction
(Default Final Judgment of Eviction - 816.pdf - 1.6 MBs) -
Final Judgment for Eviction
(Final Judgment for Eviction - 169.pdf - 3.1 MBs) -
Writ of Possession
(Writ of Possession - 493.pdf - 1.6 MBs) -
Final Disposition Form
(Final Disposition Form - 161.pdf - 2.6 MBs) -
Court Disposition Form
(Court Disposition Form - 164.pdf - 2.5 MBs) -
Designation of E-mail Address for a Party Not Represented by an Attorney
(Designation of E-mail Address for a Party Not Represented by an Attorney - 1398.pdf - 3.7 MBs) -
Notice of Change of Mailing Address or Designated E-mail Address
(Notice of Change of Mailing Address or Designated E-mail Address - 1399.pdf - 4.0 MBs) -
Request to be Excused from E-Mail Service for a Party Not Represented by an Attorney
(Request to be Excused from Email Service - 1397.pdf - 6.3 MBs) -
Answer
(Answer - Eviction - 1403.pdf - 3.2 MBs)