D Statement of Responsibility. D l Original plus 4 copies of Complaint. D $7 for clerk to prepare Writ

Transcription

1 Eviction Checklist ATTENTION: ALL PROPERTY MANAGERS- The Court now requires that you submit written authorization from your clients for each new eviction filed. I. TO FILE A COMPLAINT FOR EVICTION FORM: (LOT RENTAL) Required Forms: o o o o For One Tenant: D I Original plus 2 copies of Complaint D Statement of Responsibility D Permission to Use D Consent to Case Closure After 90 Days of Inactivity D 3 copies of 5-day Notice D 3 copies of written agreement (lease), plus other documents, if any D 1 white # 10 envelope w/2 stamps addressed to the tenant Required Fees payable to "Clerk of Court": D $209 Filing Fee (includes document preparation) Required Sheriffs Fees payable to "FCSO" D $40 per defendant (must be a money order or real estate check) For Two Tenants: D l Original plus 4 copies of Complaint D Statement of Responsibility D Consent to Case Closure After 90 Days of Inactivity D D 5 copies of 5-day Notice 5 copies of written agreement (lease), plus other documents, if any D 2 white # l 0 envelopes w/2 stamps per envelope addressed to each tenant Required Fees payable to "Clerk of Court": D $226 Filing Fee (includes document preparation) Required Sheriff's Fees payable to "FCSO" D $40 per defendant (must be a money order or real estate check) More than Two Tenants: You will need: 2 additional copies of each document per tenant. 1 additional envelope w/2 stamps per tenant. II. TO REQUEST A WRIT OF POSSESSION: [PLEASE NOTE: Ifno response by tenant, a Non-Military Affidavit must be filed.] o o Updated: D Put request in writing and submit the original Required Fees payable to "FCSO": D $90 Money Order or Real Estate Check Required Fees payable to "Clerk of Court" D $7 for clerk to prepare Writ

2 WHAT YOU WILL NEED FOR FILING AN EVICTION: 1. Five-day notice given to the tenant (see Form #1) 2. Statement of Responsibility (see Form #2) 3. Eviction complaint (see Form #3) 4. Lease or rental agreement (if applicable) 5. Permission to use form (see Form #4) 6. Required fees and envelope(s) (see "Filing Fees") TENANT EVICTION PACKAGE FOR NON-PAYMENT OF RENT ONLY (LOT RENTAL) (THIS PACKAGE OOES NOT APPLY TO COMMERCIAL PROPERTY) Attention Property Managers: There is a new authorinltion requirement - the Court requires written authorization from your clients authorizing your representation of them with each new eviction case filed. 7. Consent to Case Closure After 90 Days of Inactivity (see Form #5) FORM #1- FIVE DAY NOTICE: 1. Complete the form 2. Make a copy, and give (via hand delivery, posting or certified mail) the original to the tenant 3. Wait five (5) days not including the day of service, weekends, or holidays. For service via certified mail, the five-day count begins when the tenant signs the certified mail card If this service is used, the tenant's signature on the certified mail card is required at the time the tenant eviction case is filed 4. If the tenant has not moved or paid the rent after the five-day time limit, make a copy of the Five-Day Notice for the court file and two (2) copies for each tenant to be submitted with the remaining forms. FORM #2- STATEMENT OF RESPONSIBILITY: I. Read the Statement of Responsibility. 2. Type or clearly print the names and addresses of the parties. 3. Sign and date the form. (No additional copies are necessary.) FORM #3- COMPLAINT FOR TENANT EVICTION: I. Type or clearly print the names and addresses of the parties and fill in the appropriate blank lines. 2. Sign the complaint before a notary public or a deputy clerk. 3. The Clerk's office will need the original complaint and two (2) copies for each adult tenant. 4. Determine (see chart below) if you are filing Count I or Col,Ults I and II. 5. Make a copy of the lease for the court file and two (2) copies for each tenant. Form #4 - Permission to Use I. Complete the form if you want to receive court notifications via . Form #5 - Consent to Case Closure After 90 Days of Inactivity I. For possession only- Complete the form to give consent to dismiss and close the eviction case after 90 days of inactivity. COMPLAINT FOR EVICTION COUNTS I AND II.. Complaint for Tenant Eviction Summons Resoonse to Summons Back Rent*... (Non;. Payment (A C!Jm/Jin,atkJn 5 day... Eviction Bearinft of Rent) and 2() day $iunmon3c < will be ISsued) Count I 5-Day summons: Tenant has 5 days to respond Tenant can deposit It is at the discretion of the (Possession) MAY BE POSTED (does not include day of service, back rent and file a court to schedule a Sheriff may serve by: weekends or holidays); response written response with hearing/mediation. Posting (on must be in writing and the Clerk's office. A In the event a premises); submitted to the Clerk's office. hearing/mediation may hearing/mediation is Personal Service If tenant fails to file a response be scheduled. granted, both the Landlord (given to Tenant); or with the Clerk's office, a default Tenant can file a and Tenant will be notified Substitute Service will be entered against the written response and expected to appear in (given to person who Tenant. Also, you will need to w/supporting court. lives with tenant) submit a NON-MILITARY documents indicating Affidavit back rent is not owed. A hearing/mediation may be scheduled. Count II 20-Day summons: Tenant has 20 days to respond (Back Rent) MUST BE (including weekends and PERSONALLY holidays); responses must be in See "Back Rent" in Count See "Eviction Hearings" in SERVED writing and submitted to Clerk's I above. Count I above. Sheriff must serve by: office. Personal Service If tenant fails to file a response (given to Tenant)); with the Clerk's office, a default Substitute Service will be entered. Also, you will (given to person who need to submit a NONlives with tenant) MILITARY Affidavit. *Back rent deposited into the Court Registry can only be released with a Court Order. You must put your request in writing asking that the money be released. Eviction Packet (LOT RENT AL) Instructions (Revised )

3 WRIT OF POSSESSION: 1. After either 5 days or 20 days of service by the Sheriff (depending on the type of complaint you have filed), the Landlord may request in writing a Final Judgment (FJ) and Writ of Possession (WOP). (However, if a hearing/mediation has been scheduled, you may want to wait until you attend court before requesting the FJ and WOP). At the time of filing your request, you will also need to give the Clerk the filing and sheriff's fees for the Writ of Possession. (See "Fees for a Writ of Possession" below). Also, if the tenant has not responded to the summons, you must submit a NON-MILITARY AFFIDAVIT. 2. After a Final Judgment is signed by the Judge, the Clerk then prepares a WOP and gives it to the Sheriff for service (Note: The Final Judgment and Writ of Possession must be requested in writing). 3. The Sheriff's office will contact the Landlord to meet at rental and evict. FILING FEES* Eviction Filing fee Clerk's Certificate of Mailing Summons Preparation Fee Summons Issuance Fee ******* $ $ 7.00 $ 7.00 $ (For all of the above fees, the court will accept either cash, personal check or money order made payable to "Clerk of Court'') Pre-addressed stamped envelope w/ 2 stamps on each envelope (per Tenant) Sheriff's Service fee $40.00 (per Tenant) (Clerk will not accept cash - will accept a Money Order, Cashier's Check or Real Estate check made payable to "FCSO" (Flagler County Sheriff Office- only) Example: Filing fees for: 1 tenant = $ tenants = $ tenants = $ Fees for a Writ of Possession Writ of Possession Preparation Fee $ 7.00 (Cash, check or money order made payable to "Clerk of Court'') Sheriff's Service fee for Writ $ (Clerk will not accept cash- will accept a Money Order, Cashier's Check or Real Estate check made payable to "FCSO" -only) * If the Complaint for Eviction is not notarized, there will be an additional Oath Administering Fee of $3.50. Eviction Packet (LOT RENT AL) Instructions (Revised )

4 IN THE COUNTY COURT, SEVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER COUNTY, FLORIDA Case No. Plaintiff{s) Vs COMPLAINT FOR TENANT EVICTION (MOBILE HOME/LOT RENTAL) (NON-PAYMENT OF RENT) Defendant(s) COUNT I Plaintiff sues defendant and alleges: I. This is an action to evict a tenant from real property located at in Flagler County, Florida. (a) The Defendant occupies a mobile home owned by the Plaintiff and located on real property owned by the Plaintiff. (b) The Defendant owns and occupies a mobile home located on real property owned by the Plaintiff: (I) Plaintiffs property is a mobile home park with more than ten (10) spaces. (2) Plaintiffs property is a mobile home park with less than ten (10) spaces. 2. The defendant has possession of the property under oravwritten agreement (attach copy of written agreement, if any) to pay rent of$ per (month, week, etc.) 3. Defendant failed to pay rent due in the amount of 4. Plaintiff served defendant with a notice on to pay past due rent or deliver possession but defendant refuses to do either. WHEREFORE, plaintiff demands judgment for possession of the property against defendant. {COUNT II BELOW-MUST BE PERSONALLY SERVED ON DEFENDANT- DEFENDANT HAS 20 DAYS TO RESPOND/ Plaintiff sues defendant and alleges: COUNT II I. This is an action for damages in the amount of$ that is due for rent for the period of plus any additional rent that may accrue to the time of the hearing. WHEREFORE, plaintiff demands judgment for damages against defendant. Signature Name of Landlord or Property Manager 3(circle one) Address City, State & Zip Code STATE OF FLORIDA COUNTY OF FLAGLER Telephone Number SWORN to and subscribed before me this day of, 20 Deputy Clerk or Notary Public State of Florida My Commission Expires: Form #3: Complaint for Eviction - Mobile Home

5 '~. DEMAND FOR PAYMENT OF LOT RENTAL AMOUNT Pursuant to Florida Statute Date: TO: FROM: And All Other Occupants ADDRESS FOR PAYMENT Telephone#: Community Manager: Agent for Community VIA POSTING/HAND DELIVERY, REGULAR AND CERTIFIED MAIL - Return Receipt Requested Certified # You are notified that you are in default in the payment of the lot rental amount for your manufactured home lot. Lot rental amount (including base rent and all financial obligations, except user fees, which a(e required as a condition of tenancy) is payable to the Landlord at the rate of $_.00 per month, due on the first day of each month. Further, pursuant to Florida Statutes Chapter 723 et seq., and the Rules and Regulations of this park, you are also required to pay late charges and delinquency fees for yo_ur failure to pay the base rent timely. Such additional charges and fees are part of the lot rental amount, as that term is defined by Florida Statutes. You have failed to pay lot rental amount for the period of to in the amount of $. In addition, you are required to pay, as part of lot rental amount, the sum of $ for late charges and delinquency fees, if applicable. Other charges for in the amount of$ are also due and payable at this time. The total amount currently due as of the date of this demand is $, payable to the address above. DEMAND IS HEREBY MADE that you pay the total lot rental amount now due, or deliver possession of the premis~s to the undersigned within five (5) days from the date of delivery of this notice (allowing five (5) days from the postmark date excluding Saturday, Sunday and legal holidays). If the total lot rental amount now due is not paid on or before, your rental agreement is terminated, and you must immediately vacate the premises. If you do not pay the total lot rental amount now due, and refuse to vacate the premises within five (5) days from the delivery of this notice, (excluding Saturday, Sunday and legal holidays), an action for eviction pursuant to Florida Statute will be commenced against you. If such action is commenced for eviction, you may also be held liable for court costs and reasonable attorneys' fees incurred by the park in order to prosecute such an eviction action. If you have any questions concerning this notice, please contact the office at the telephone number listed above. PLEASE GOVERN YOURSELF ACCORDINGLY. 7

6 ... COMMUNITY USE ONLY (on Community's copy): CERTIFIED MAIL Certified MAILED ON: BY: (Employee signature) \ COPY POSTED ON PREMISES (LOT# ): POSTED ON: (date )/time POSTED BY: (Employee Signature) 8

7 .. ' '. IN THE COUNTY COliRT SEVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER COUNTY, FLORIDA Plaintiff(s) vs Defendant( s) STATEMENT OF RESPONSIBILITY Landlord -- Tenant Act1011 Before filing this case I have considered the following matters and acknowledge that: I. This case is being filed in the County Court under the Landlord and Tenant Law of Florida, Chapter 83 Florida Statutes and as set forth in Chapter 51. That the conduct of this case will be in accordance with the rules of procedure and laws of Florida which apply to this case. 2. The naming of proper parties is an important element of the case and the responsibility for naming the proper plaintiff(s) and defendant(s) in this case is mine. 3. I am responsible for the furnishing of a co1tect address or location at which the defendant(s) can be served or given notice of this suit. 4. I assume responsibility as to my right to file this case for myself or for the named plaintiff(s) realizing that if the plaintiff is a corporation that such plaintiff may be required to be represented by an attorney. 5 I do not expect the Clerk who receives and files this claim to give me legal advice as to how to prosecute this case and acknowledge that the Clerk is not acting as my attorney or legal advisor. 6. I am solely responsible for the collect1on of any Judgment entered 111 my favor Date Signature Form #2- Statement of Responsibility J'enant - Ev1c11on Package - 7/28/09

8 IN THE CIRCUIT & COUNTY COURTS OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR FLAGLER COUNTY, FLORIDA DIVISION: v. Plaintiff/Petitioner/State Defendant/ Respondent PERMISSION TO USE Provide your address below to receive a copy of your Orders, Judgments, Notices of hearings or other written communication from the Clerk of Courts and by electronic mail.* By completing this form, I am authorizing the Clerk of the Circuit Court & Comptroller to send copies of orders/judgments, notices or any other written communications to me by . I will ensure the software filters, if any, have been removed from my computer so it does not interfere with my ability to receive any of the above documents. I will file a written notice with the Clerk if my current address changes. Plaintiff /Petitioner/ State (Please Print) Your signature *your address (please print clearly) Date "'You will not need to provide a stamped, self-addressed envelope, if you provide your address. Form #4-Permission to Use (Revised )

9 Public Notice RE: Social Security Number, Bank Account Number, Debit, Charge, or Credit Card Number Any person preparing or filing a court document should not include a social security number or a complete bank account, debit, charge, or credit card number in such document, unless required by law or court rule, or necessary to the adjudication of the case. Any person has a right to request that the Clerk of the Circuit Court remove from an image or copy of a court document a social security number or complete bank account, debit, charge, or credit card number contained in a court document. Such request must be made in writing and delivered by mail, facsimile, electronic transmission, or in person to the Clerk of the Circuit Court. The request must specify the case number, the title of the document, and the identification page number of the document which contains the number to be redacted. A fee will not be charged for the redaction of a social security number or a complete bank account, debit, charge, or credit card number pursuant to such a request. The Clerk has no authority to refuse to accept any document or pleading that contains the aforementioned sequential numbers. It is the responsibility of the filer to know whether the information is required by law or necessary to the adjudication of the case. Public Notice:Re SS Numbers rev

10 IN THE COUNTY COURT, SEVENTH JUDICIAL CIRCUIT IN AND FOR COUNTY, FLORIDA Plaintiff(s), DIVISION: Defendant( s ), CONSENT TO CASE CLOSURE AFTER 90 DAYS OF INACTIVITY Eviction - Possession Only I, (Plaintiff/Landlord) hereby consent, without further notice, to the dismissal and closure of this case file after 90 days of inactivity have elapsed. I hereby certify that a true and correct copy of this Consent will be furnished by U.S. mail or included with the initial service of process to the above named respondent(s). DATED this day of, 20 _ Plaintiff/Landlord Form #5- Consent to Case Closure I Order )

11 r INFORMATION AND INSTRUCTIONS FOR FILING AN AFFIDAVIT OF NON-MILITARY SERVICE An Affidavit of Non-Military Service is a sworn statement stating that to the best of your knowledge, you know that the defendant(s) are not currently in the military service. Without the Non-Military Affidavit, the Judge will not accept the default. You may not enter a default against a person in the military service. If you do not know if the individual(s) in the lawsuit are in the Military Service, you may contact the Department of Defense Manpower Data Center at and request the information from the United States Department of Defense. After obtaining the information from the United States Department of Defense, attach your response to the Non-Military Affidavit and file with the Clerk of Court.

12 IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR FLAGLER COUNTY, FLORIDA Case No.:. Division: PLAINTIFF(s), Vs. DEFENDANT(s) NONMILITARY AFFIDAVIT I, , being sworn, certify that the following information is true: [Vall that apply] l. I know of my own personal knowledge that Defendant(s) is not on active duty in the armed services of the United States. or 2. I have inquired of the armed services of the United States and the U.S. Public Health Service to determine whether the Respondent is a member of the armed services and am attaching certificates stating that the Defendant(s) is not now in the armed services. I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. DATED: Signature of Plaintiff( s) Printed Name:. Address:. City, State, Zip: Telepnone Number.. STATE OF FLORIDA COUNTY OF FLAGLER SWORN to or subscribed and signed before me this day of. 20 DEPUTY CLERK OR NOTARY PUBLIC STATE OF FLORIDA Type of identification produced MY COMMISSION EXPIRES: