Residential Eviction FAQs - Landlords

How do I start an eviction?

Step 1. Eviction begins with a Notice and Complaint, which initiates the filing of the case. These forms can be downloaded for you to print from:

Florida Bar Association Landlord and Tenant Forms
Sarasota Clerk and Comptroller Residential Eviction Forms

Step 2. Submit the Notice and Complaints via the Florida Courts e-filing portal, by mail, or in person at one of the Clerk’s Office locations, either in Sarasota or Venice.

What are the notice requirements for a residential eviction?

Before filing a Complaint to recover possession, a landlord must serve notice demanding payment of rent or possession of the property within three days from the date of the notice, excluding weekends and legal holidays. You may serve the 3-day notice by sending it through certified, return receipt mail. The return receipt must be signed by the tenant.

The 3-day notice may also be served by a private process server who will supply an Affidavit of Service.

The Court will not act on the eviction petition until the Proof of Service and the 3-day notice has been filed in the case.

What happens if the tenant pays after service of the three-day notice?

If the tenant pays within the three days, you cannot evict the tenant, even if they have failed to pay rent before.

What happens after I file my eviction complaint?

Upon filing the Complaint and paying the filing fee, the Clerk will issue a Summons for Tenant Eviction. A copy of the Complaint (to be supplied by the landlord) will be attached for service on the tenant. The Sheriff or a private process server can serve the Summons.