The average cost of an eviction in Florida for all filing, court, and service fees is $351, but can vary by county. Eviction lawsuits are filed in the County Court where the dwelling unit is located. [ttip number=’1′ icon=’popover-balance’]
| Fee | County |
| Initial Court Filing | ~$185 |
| Summons Service | ~$40 |
| Writ of Possession Service | $40 |
| Writ of Possession Execution | $50+ |
| Notice of Appeal (Optional) | $281 |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage and removal costs for a tenant’s abandoned property, cleaning service fees, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
If the eviction notice expires in Florida and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Action for Possession“) with the court the following business day.
The filing fee for an initial Action for Possession varies by county court. For example, in Miami-Dade County the filing fee is $185.
2. Summons Service Fee
In Florida, once a Complaint is filed, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when and where to appear in court). The landlord must arrange for a process server to deliver the Summons to the tenant.
The Summons service fee varies by process server. For example, a sheriff may charge $40 [ttip number=’2′ icon=’popover-balance’] for delivering a Summons; however, a registered private process server may charge more.
3. Writ of Possession Service Fee
If the court rules in favor of the landlord, the court shall issue a Writ of Possession. The writ is the tenant’s final notice to vacate the premises.
A sheriff must serve the Writ of Possession to the tenant and can charge a service fee of $40. [ttip number=’3′ icon=’popover-balance’]
4. Writ of Possession Execution Fee
If the tenant does not vacate the premises after 24 hours’ after the writ is served to the tenant in Florida, a sheriff can charge $50 [ttip number=’4′ icon=’popover-balance’] for executing the writ plus a “reasonable” hourly rate [ttip number=’5′ icon=’popover-balance’] set by the sheriff.
The hourly rate shall be charged if the sheriff is requested to stand by to keep the peace while the landlord changes the locks and removes the tenant’s personal property from the premises.
5. Notice of Appeal Fee
If either party chooses to file an Appeal in Florida, they may do so as long as the Notice of Appeal is filed within 30 calendar days after judgment is entered. If the eviction was originally filed in County Court, the Appeal will be transferred and heard in Circuit Court. The filing fee is $281.
Sources
- 1 FL Rev. Stat 83.59 (2021)
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(2) A landlord, the landlord’s attorney, or the landlord’s agent, applying for the removal of a tenant, shall file in the county court of the county where the premises are situated a complaint describing the dwelling unit and stating the facts that authorize its recovery.
- 2 FL Rev. Stat 30.231 (2021)
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(1) The sheriffs of all counties of the state in civil cases shall charge fixed, nonrefundable fees for service of process, according to the following schedule:
(a) All summons or writs except executions: $40 for each summons or writ to be served. - 3 FL Rev. Stat 30.231 (2021)
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1. Forty dollars for processing each writ of execution, regardless of the number of persons involved.
- 4 FL Rev. Stat 30.231 (2021)
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…2. Fifty dollars for each levy…
- 5 FL Rev. Stat 83.62 (2021)
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83.62 (2) At the time the sheriff executes the writ of possession or at any time thereafter, the landlord or the landlord’s agent may remove any personal property found on the premises to or near the property line. Subsequent to executing the writ of possession, the landlord may request the sheriff to stand by to keep the peace while the landlord changes the locks and removes the personal property from the premises. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand by to keep the peace shall be responsible for paying the reasonable hourly rate set by the sheriff. Neither the sheriff nor the landlord or the landlord’s agent shall be liable to the tenant or any other party for the loss, destruction, or damage to the property after it has been removed.
