Evictions

The landlord must provide a 3-day notice of eviction to pay rent due or vacate premises. Do not include day of delivery, weekends or holidays when calculating time. Notice may be posted on the door of the rental property or hand delivered to the tenant. If the tenant does not comply with the notice in the time allowed pursuant to the notice the landlord may file an eviction complaint with the Clerk. A copy of the 3-day notice must accompany the complaint at the time of filing.

When there is not a rental agreement, you must give the tenant a 7-day or 30-day notice to vacate. If the rent is paid weekly you must give a 7-day notice. If the rent is paid monthly you must give a 30-day notice. If the tenant does not comply within the time allowed pursuant to the notice the landlord may file an eviction complaint with the Clerk's office. A copy of the 7-day or 30-day notice must accompany the complaint at the time of filing.

If there is a rental agreement and the tenants are in violation of it (other than for non-payment of rent), you may give the tenant a 7-day noncompliance notice. The notice gives the tenant seven days to remedy the noncompliance or the rental agreement may be terminated. A copy of the noncompliance notice must accompany the complaint at the time of filing.

Compile the following items and file the complaint with the Clerk's office. Make copies of all forms and paperwork for your records. Please provide a telephone number on your complaint in the event the Clerk's office or Sheriff's office needs to contact you.

The plaintiff in a landlord/tenant action must be the owner of the property. The plaintiff must provide proof of ownership of the property when filing an eviction complaint. This proof may be a copy of the property record card from the St. Lucie County Property Appraiser’s office or a warranty deed.

• Complaint for Tenant Eviction
• Copy of the statutory Notice to Tenant
• Copy of Lease/Rental Agreement, if applicable, plus two copies for each tenant
• Filing fee in form of cash, check, money order, MasterCard, Visa, American Express, or Discover payable to Clerk and Comptroller, St. Lucie County.
• Service of Summons Fee for each tenant (defendant) in the form of cashier's check, money order or business check and payable to St. Lucie County Sheriff
• One stamped, legal size envelope addressed to each tenant for mailing a copy of the complaint, summons and lease to the defendant. Make sure you use sufficient postage.
• Proof of ownership
• Property management agreement

If the tenant does not vacate after the final judgment has been entered, you may execute the writ of possession by submitting the fee by mail or by picking up the writ in person. The Sheriff requires a fee to serve the writ of possession. See Fees & Costs for current fees.