How much does it cost to file an eviction?

by John Morey | Jun 03, 2015

The fees and costs associated with filing an eviction can vary from situation to situation. Our Orlando based eviction attorneys offer a free consultation to prospective clients to assess the specific needs of each landlord or property owner. Once we know the facts of the case, the attorney will then quote you an individualized fee for our services. There are, however, fees/expenses that every person who files for eviction will incurr regardless of whether they choose to use an eviction lawyer or not.

Filing Fee. Each county charges a filing fee in order for a Plaintiff to file their case with the Court. Once the filing fee is paid the Plaintiff is allowed to file the case with the court, and will be issued a case number. The filing fee for an eviction in the County Court is generally $185.00, exclusive of any service charge or convenience fees.

Summons. Along with the filing fee, the Plaintiff must also have a summons issued for each Defendant or tenant in the property. The filing fee and summons fee are usually paid together so as to allow the clerk of the court to immediately issue all necessary summonses. The summons is a document issued by the Court that provides the Defendants with the general instruction what they must do once they are served with the eviction paperwork. The clerk of court usually charges $10.00 per summons, per defendant.

Service of Process. Once the landlord files the eviction, and the summonses have been issued, they must then serve the Defendant/Tenants with the eviction paperwork. This can be accomplished by using a private licensed process server or by using the sheriff of the county in which the rental property is located. Some counties may require that you use the sheriff, and other may specify that you can only use a private process server if a Judge issues an order allowing you to do so. The cost of a service can vary, but it is usually between $30.00 and $50.00 per Defendant.

Writ of Possession. Once a landlord has filed all of the necessary eviction paperwork, served the documents on the tenant, and eventually obtained a final judgment, the final step is to serve a Writ of Possession. The Writ of Possession is a document that is issued by the clerk of court which directs the sheriff’s department to put the landlord/property owner back into possession of a property. This document must be served by the sheriff’s department. Generally speaking, the sheriff’s department charges $90.00 for service of the Writ of Possession, and restoration of possession of the rental property to the owner, or owner’s agent.