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INFORMATION FOR TENANT (Clay County Florida Clerk of Court and Comptroller)

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INFORMATION FOR TENANT
EVICTIONS
Clay County Clerk of the Circuit Court
Tara S. Green
IMPORTANT INFORMATION
THIS INFORMATION IS MEANT TO BE A GUIDE TO TENANT EVICTIONS IN CLAY
COUNTY, FLORIDA. IT IS NOT LEGAL ADVICE AND SHOULD NOT BE LOOKED UPON
AS SUCH. ANY PERSONS SEEKING LEGAL ADVICE SHOULD CONSULT AN ATTORNEY
FOR GENERAL INFORMATION:
www.clayclerk.com
CASE SEARCHES FOR CLAY COUNTY:
www.clayclerk.com/courtrecords
FOR MORE INFORMATION
LANDLORD AND TENANTS – CHAPTER 83
SMALL CLAIMS – CHAPTER 34
GARNISHMENTS – CHAPTER 77
UNLAWFUL DETAINER – CHAPTER 82
TO DETERMINE THE “REGISTERED AGENT” FOR A BUSINESS
www.Sunbiz.org
ADDITIONAL USEFUL INFORMATION
www.floridalawhelp.org
www.floridabar.org
JAX Legal Aid – Clay County Office
(904) 284-8410
TABLE OF CONTENTS
I. General Filing Information for Filing of the Eviction
II. Three Day Notice for Non-Payment of Rent
III. Notice to Terminate Tenancy at Will – 15+ Days
a. 15 or More Calendar Days
IV. Notice to Terminate Tenancy at Will – Seven (7) Days
a. Week to Week Rentals
V. Seven (7) Day Notice for Non-Compliance
a. WITH Opportunity to Cure
VI. Seven (7) Day Notice for Non-Compliance
a. WITHOUT Opportunity to Cure
VII. Eviction Complaint
VIII. Plaintiff’s Statement
IX. Affidavit of Non-Military
X. Motion for Default/Default
XI. Additional Items that may be used, if necessary;
a. Generic Motion
b. Notice of Dismissal
EVICTION CASES – GENERAL INFORMATION
Count I and Count II
Definitions:
• Plaintiff(s) – The Landlord(s) or Property Owner(s)
• Defendant(s) – The Tenant(s) or Resident(s)
• Self-Representation – Litigants or Parties representing themselves in court without the assistance
of an attorney.
• Count I – Count for Eviction/Possession of the Property
• Count II – Count for Damages/Past Due Rent
• Examples of noncompliance which are of a nature that the tenant should not be given an
opportunity to cure include, but are not limited to, destruction, damage, or misuse of the
landlord’s or other tenants’ property by intentional act or a subsequent or continued unreasonable
disturbance.
• Examples of noncompliance which are of a nature that the tenant should be given an opportunity
to cure include, but are not limited to, activities in contravention of the lease or this part such as
having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or
permitting such parking; or failing to keep the premises clean and sanitary.
Filing the Eviction with the Court
The complete packet of forms required to file an Eviction in Clay County, Florida, is available at the
Clerk’s Office, Room 1049; and our satellite locations for a $3.00 fee, or online for free at
www.clayclerk.com
Forms to open the case
• REQUIRED
o Eviction Compliant
o Plaintiff’s Statement
o Copy of Notice to Tenant that was served
(this notice should have been completed and served prior to filing the case and
the allotted time must have already expired)
• OPTIONAL
o Lease, current or expired
o Any other documents you wish to file (Optional)
(i.e. correspondence, photos, text messages, etc.)
All fees are due upon filing and opening the case:
• Clerk’s Eviction Filing Fee:
o $185.00
• Clerk’s Summons Fee:
o $10.00 per Defendant
• Sheriff’s Office Service of Summons Fee:
o $40.00 per Defendant, to be Served
** Clay County Sheriff’s Office fees are paid separately from Clerk’s fees.
Please bring Money Order, Cashier’s Check, Certified Check, or Case. Make
the form of payment payable to Clay County Sheriff’s Office.
o Copies
$0.15 per page – if required copies are not provided at the time of filing
o If you are not the Legal Property Owner:
You will need to obtain a “Letter of Authorization” from the Property Owner
giving you permission to conduct business on their behalf (i.e. filing of the
case)
Evictions:
Please be advised that from the time of the Eviction case is opened until the Final Judgment is received
the process could take approximately 30 days. However, each case is handled individually so some
cases may take less time, whereas some cases can take longer to resolve (i.e. if Count II is being
pursued). To guarantee prompt filing of your case, you must supply 1 original of all the documents
filed plus 2 copies per defendant and an additional set for us to return to you with the copies of
the summons for us to give to you for your records.
Evictions Process:
Once the Eviction Case is filed, the Clerk will prepare an Evictions Summons for Pro Se Landlords to
be served on the Tenant. The Eviction Summons may be served by the Clay County Sheriff’s Office,
or by a private Process Server if there is an appropriate court order. Upon official service by the
Sheriff’s Office or the Process Server the Tenant will have five (5) business days to respond to the
eviction portion of the complaint. The Tenant is instructed to file their original answer to the Clerk and
mail or hand deliver a copy to the Plaintiff. NOTE: Evictions (Count I) may be posted or served on
the person.
• If an answer and/or rent monies are deposited into the Clerk’s Court Registry during the five
(5) business days (not including the day of service), the Clerk will notify the Judge. The Judge
may issue a Final Judgment; set a hearing; or set a hearing requiring the Defendant(s) to place
monies into the court registry by a certain time/date in order to actually hold the hearing that
was set. If the Defendant does not comply with the Order requiring monies into the registry, it
will cancel any hearing that was set; and the Judge will sign a Final Judgment of Eviction,
without any further action required by the Plaintiff.
• If an answer is not filed within the five (5) business days, the Plaintiff will need to file a
Motion for Default and a Non-Military Affidavit. Upon receipt of these documents, the Clerk will
forward the file to the Judge. The Judge may set the case for a hearing (with or without an Order
to deposit monies into the registry, as described above) or grant a Final Judgment and the Plaintiff
possession of the property. If the Judge grants the Plaintiff possession of the property upon the
payment of the Sheriff’s fee, the Clerk will issue a Writ of Possession for the Sheriff to serve. The
Sheriff’s Office fee for the Service of the Writ of Possession Fee will be $90.00. You may pre-
pay this fee when filing the Motion for Default/Default and Non-Military Affidavit.**
** Please bring cash or money order, or cashier’s check certified check, and make payable directly to the
Clay County Sheriff’s Office.
If Count II is being pursued
If the plaintiff is seeking rent/damages and the defendants have been served, they will have twenty (20)
days to respond to Count II. NOTE: Count II (damages) of the complaint must be served personally
on the defendant(s) and will not be considered served if only Count I (the eviction notice) was
posted. If the defendant responds to Count I of the complaint a decision will be made by the assigned
judge; whether they will set a hearing for both counts at once, or to address count II as a separate hearing.
All parties will be required to attend any hearings. As the Plaintiff, if you do not attend pretrial, your
case may be dismissed. If the defendant is not served properly as to Count II, the plaintiff will not be
required to attend a pretrial conference and the plaintiff will have to apply for a new summons and pay
the appropriate fees to further pursue a money judgment.
Judgments
The Court does not collect the Judgment on the Plaintiff’s behalf. A Post Judgment Packet may be
obtained from the Clerk’s Office which provides guidance on how to collect on the Judgment.
Settlement
If the Plaintiff and other Defendant(s) reach a settlement the Clerk’s Office must be notified in writing.
THREE DAY NOTICE FOR NON-PAYMENT OF RENT
A three-day notice must list every adult living on the premises along with the proper address of the property.
If names are unknown, they may be listed as unknown tenants. The three-day notice gives the tenant(s) an
option to pay up or vacate the premises. The amount stated on the notice can only include back rent. No
late fees or damages may be added. The tenant(s) must be given three full working days (excluding
weekends, holidays, and date of service) and this must be stated on the notice in the “on or before date”
section. The notice MUST be signed and dated to show the courts when service was made and specified
as to the “type” of service. This would be either by personal delivery or posting on premises. This will
determine the validity of the three-day notice and further actions by the Court.
Contact the Civil Law Department at (904) 269-6363 if you have any questions regarding this form
TO:
THREE DAY NOTICE – DEMAND FOR PAYMENT OF RENT OR POSSESSION
You are hereby notified that you are indebted to me in the sum of $
for the rent and
use of the premises described as
Clay County, Florida, now occupied by you, and that I demand payment for the above rent or possession
of the premises within three (3) days (excluding Saturdays, Sundays, and legal holidays) from the date of
the delivery of this notice. Payment of rent or delivery of possession of the premises must be done on or
before the day of , 20
.
LANDLORD
Address
Telephone
Served this day of , 20 . By ☐
Personal Delivery
☐ Posting a copy on premises in the absence of the tenant(s).
NOTE: The amount demanded is or rent only. It does not include interest, late charges, or any other
fee or amount which may be due under the lease.
NOTICE TO TERMINATE TENANCY AT WILL (15 DAYS AND 7 DAY NOTICES)
A notice to terminate tenancy at will (15 days notice to vacate) is used when a landlord wishes to terminate
a monthly rental. The landlord is not required to give a specific reason when this notice is served. Tenants
must be given a 15 day notice AT LEAST “15 days prior to when rent is due again,” excluding date of
service. Notice must be signed, dated and given a specific date to vacate.
A notice to terminate tenancy at will (7 days notice to vacate) is used when a landlord wishes to terminate
a weekly tenancy. The landlord is not required to give a specific reason when this notice is served. Tenants
must be given a 7 day notice AT LEAST “7 days prior to when rent is due again,” excluding the date of
service. Notice must be signed, dated and given a specific date to vacate.
For further information about the appropriate amount of time to give notice to the tenant(s) refer to Florida
Statute 83.57.
Contact the Civil Law Department at (904) 269-6363 if you have any questions regarding this form.
NOTICE OF TERMINATION OF TENANCY AT WILL
TO:
YOU ARE HEREBY NOTIFIED TO QUIT AND VACATE THE PREMISES DESCRIBED AS:
on or before the day of , 20 .
This notice is given under and by authority of Section 83.57, Florida Statute. The tenancy under which you
have been occupying and using the said described premises as of the date shown above. Dated at
, this day of , 20
.
OWNER/AGENT SIGNATURE
Address
Telephone
This NOTICE served on the tenant on the day of , 20
, at
☐ A.M. ☐ P.M. ☐ personal delivery ☐ posting a copy on
premises in the absence of the tenant.
SEVEN DAY NOTICE OF NON-COMPLIANCE WITH AN OPPORTUNITY TO CURE
When there is a lease agreement, a 7 day notice of non-compliance may be given to tenants who have failed
to comply with the provisions of the lease. The notice must list each adult involved along with the correct
address of the premises. All reasons for non-compliance MUST be listed. If the non-compliance CAN be
corrected the tenant must be given the option to either correct the problem or vacate.
Contact the Civil Law Department at (904) 269-6363 if you have any questions regarding this form.
TO:
SEVEN DAY NOTICE FOR NON-COMPLIANCE (WITH OPPORTUNITY TO CURE)
Dear:
YOU ARE HEREBY NOTIFIED THAT YOU ARE NOT COMPLYING WITH YOUR LEASE IN THAT
You are hereby advised that you have seven (7) days from the delivery of this letter to bring the
problem into compliance or vacate the premises. This action is taken because of the non-compliance list
above.
LANDLORD/AGENT SIGNATURE
Address
Telephone
Served this day of , 20 by ☐
personal delivery
☐ posting a copy on premises in absence of tenant.
SEVEN DAY NOTICE OF NON-COMPLIANCE WITHOUT AN OPPORTUNITY TO CURE
Where there is a lease agreement a seven (7) day notice of non-compliance may be given to tenants who
have failed to comply with the provisions of the lease. The notice must list each above adult involved in
the case along with the correct address of the premises. All reasons for non-compliance must be listed.
The notice must signed, dated, and given a specific date to vacate if the non-compliance cannot be corrected.
Contact the Civil Law Department at (904) 269-6363 if you have any questions regarding this form
TO:
SEVEN DAY NOTICE FOR NON-COMPLIANCE (WITH NO OPPORTUNITY TO CURE)
Dear:
YOU ARE HEREBY NOTIFIED THAT YOU ARE NOT COMPLYING WITH YOUR LEASE IN THAT
You are hereby advised that your lease is terminated effective immediately. You have seven (7)
days from the delivery of this letter to vacate the premises. This action is taken because of the non-
compliance listed above.
LANDLORD/AGENT SIGNATURE
Address
Telephone
Served this day of , 20 by ☐
personal delivery
☐ posting a copy on premises in absence of tenant
INSTRUCTION FOR EVICTION COMPLAINT
A complaint consists of Count I and Count II. Count I is for the eviction process only, (for
possession of the property.) County II is completed when filing for lost rent, damages, etc. These
can be filed for at the same time, but are issued separate summons. If you file for Count II when
filing the Eviction, a pre-trial date will be set and you will need to appear at that time along with
the defendant for the judge to hear your case. This date is set far enough in advance so that Count
I may be completed. The amounts in Count II can be amended if need be after possession of the
property is obtained and additional damages are assessed. Once possession is obtained, the
landlord may also dismiss Count II if so desired.
**If you file for Count I only, there will be NO pre-trial scheduled. If damages are assessed and
Count II wasn’t filed at the initial filing of the Eviction, then a Small Claims case will need to be
filed as a separate case.
Contact the Civil Law Department at (904) 269-6363 if you have any questions regarding
completing this form.
IN AND FOR THE COUNTY COURT, FOURTH JUDICIAL CIRCUIT,
IN AND FOR CLAY COUNTY, FLORIDA
CASE NO.:
DIVISION:
PLAINTIFF
DEFENDANT
EVICTION COMPLAINT
COUNT I
1. This is an action to evict a tenant from real property in Clay County, Florida.
2. Plaintiff is the owner of the following described real property in Clay County, Florida.
3. Yes No There is a rental agreement between the parties.
The lease started on and ends on .
IF THERE IS A RENTAL AGREEMENT, A COPY MUST BE ATTACHED HEREIN.
IF THIS ACTION IS BEING FILED BECAUSE OF NONPAYMENT OF RENT:
4. Tenant failed to pay rent due on: . The amount due was: .
5. Yes No Plaintiff served Defendant with a notice on
to pay rent or deliver possession of the property, but Defendant refuses to do either.
A COPY OF THE NOTICE MUST BE ATTACHED HEREIN.
6. Yes No Plaintiff has received a CDC declaration from Defendant.
IF A CDC DECLARATION HAS BEEN RECEIVED, IT MUST BE ATTACHED HEREIN.
7. A CDC AFFIDAVIT FROM PLAINTIFF MUST BE ATTACHED HEREIN.
IF THIS ACTION IS BEING FILED FOR A REASON OTHER THAN NONPAYMENT
OF RENT:
8. State the reason the eviction is being filed.
9. Yes No Plaintiff served Defendant with a notice on
to surrender possession of the property.
A COPY OF THE NOTICE MUST BE ATTACHED HEREIN.
WHEREFORE, Plaintiff demands judgment for possession of said property.
COUNT II
1. This is an action for damages.
2. Plaintiff is seeking to recover from Defendant unpaid rent in the amount of
for the property described above for the period of through .
3. Plaintiff seeks $ for damages to the property.
PLAINTIFF MUST BE PREPARED TO PROVE DAMAGES AT THE TIME COUNT
TWO IS HEARD.
WHEREFORE, Plaintiff demands judgment in the sum of .
Plaintiff
IN THE COUNTY COURT OF THE FOURTH JUDICIAL CIRCUIT,
IN AND FOR CLAY COUNTY, FLORIDA
ACCURATE COMPLETION OF THIS STATEMENT IS NECESSARY SO THAT
THE CLERK CAN ASSIST YOU IN THE PREPARATION OF YOUR CLAIM
PLAINTIFF’S STATEMENT
Name of Plaintiff:
Address of Plaintiff:
Telephone number: Email Address:
Amount of Claim $
This claim is for: (Check the box that applies to your claim)
܆ Goods, ware, and merchandise sold by the Plaintiff(s) to the Defendant(s);
܆ Work done and materials furnished by the Plaintiff(s) to the Defendant(s);
܆ Money loaned by the Plaintiff(s) to the Defendant(s);
܆ Money due to the Plaintiff(s) upon accounts stated and agreed to between them;
܆ On a written instrument, copy of which is attached hereto;
܆ Rent for certain premises in Clay County, Florida;
܆ Other (Explain)
܆ Any additional facts in connection with any of the above:
Date when alleged debt or contract was incurred or damages occurred
Place where alleged debt or contract was incurred or damage occurred
If the defendant(s) is an individual, is he/she in the military service? ܆ Yes ܆ No
If the defendant(s) is not in the military service, are you prepared at this time to swear under oath to the
fact? ܆ Yes ܆ No
NOTE: (A) If you are suing an individual, give their full name
(B) If you are suing a business firm, give the firm name and the name of the owner
(C) If you are suing a partnership, you must name all of the partners
(D) If you are suing a corporation, give its full name, state where it is incorporated, and
names and addresses of its officers (President, Vice President, Secretary, and Treasurer)
(E) If your suit arises as a result of an automobile accident, you may name the driver, and
also the registered owner of the vehicle.
(F) If you are unable to determine which of the above applies to your case, please see the
Clerk.
My Claim is against (Name and Address of Defendant(s))
Plaintiff(s) or Agent
INSTRUCTIONS FOR AFFIDAVIT OF NON-MILITARY
An Affidavit of Non-Military 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. If a defendant is in the military you are required to motion to the courts asking the
Judge to appoint an Attorney Ad-Litem. This is an attorney who will appear on behalf of the person
who is in the military. If not in the military, you will need to state where the defendant is employed
or what type of work they perform.
Contact the Civil Law Department at (904) 269-6363 if you have any questions regarding
completing this form.
IN THE COUNTY COURT, FOURTH JUDICIAL CIRCUIT,
IN AND FOR CLAY COUNTY, FLORIDA
,
Plaintiff, CASE NO.:
vs. DIVISION:
Defendant(s)
/
AFFIDAVIT OF NON-MILITARY SERVICE
STATE OF FLORIDA
COUNTY OF CLAY
Before me personally appeared the undersigned, and, who being by me first duly sworn, deposed
and said: that he is the plaintiff or agent for the plaintiff in the within Statement of Claim; that
is not now in the military service of
the United States of America; and that the defendant is employed as follows:
PLAINTIFF
STATE OF FLORIDA
COUNTY OF CLAY
Before me this day personally appeared
who being duly sworn, deposes and says that the allegations contained therein are true.
NOTARY PUBLIC/DEPUTY CLERK
Sworn to and subscribed before me this
Day of , 20 .
Identification presented:
FL DL#
Personally known to me
IN THE COUNTY COURT, FOURTH JUDICIAL CIRCUIT,
IN AND FOR CLAY COUNTY, FLORIDA
,
Plaintiff, CASE NO.:
vs. DIVISION:
Defendant(s)
/
MOTION FOR DEFAULT
Plaintiff(s) moves for entry of a Default by the Clerk against the Defendant(s),
for failure to serve any paper on the undersigned or file any paper as required by law.
I do hereby certify that no copy of answer or other pleading of the Defendant(s) in the above styled
cause has been served upon the Plaintiff(s) or his/her Attorney, to the time of filing the above
Motion for Default.
Dated:
Plaintiff
IN THE COUNTY COURT, FOURTH JUDICIAL CIRCUIT,
IN AND FOR CLAY COUNTY, FLORIDA
,
Plaintiff, CASE NO.:
vs. DIVISION:
Defendant(s)
/
DEFAULT
A Default is entered in this action against the Defendant(s) named in the foregoing Motion
for failure to serve or file any paper as required by law.
Dated:
DEPUTY CLERK
TARA S. GREEN
CLERK OF THE CIRCUIT COURT
IN THE COUNTY COURT, FOURTH JUDICIAL CIRCUIT,
IN AND FOR CLAY COUNTY, FLORIDA
,
Plaintiff, CASE NO.:
vs. DIVISION:
Defendant(s)
/
NOTICE OF DISMISSAL
TO:
You are notified that the Plaintiff dismisses this action pursuant to Rules of Civil Procedure 1.420(a).
PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been furnished to
at
by U.S. Mail this day of , 20 .
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INFORMATION FOR TENANT (Clay County Florida Clerk of Court and Comptroller)

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Completed 30 July 2021

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