Civil FAQs

Question:

What are the steps to the eviction process?

Answer:

Steps for Eviction

1. Written 3-Day Notice

The landlord, owner or the person doing the evicting writes a 3-Day Notice. The time frame does NOT include weekends, holidays or the day of service and includes business days only. The landlord/owner/evictor can serve the written notice in one of the following ways:

Post it on the door,
Mail it, or
Hand deliver it.

2. 5-& 20-Day Summons

If there is no response after the official three-day (3) notice has been provided to the tenant, you may initiate the eviction process by filing a case with the Clerk of Court. For assistance acquiring and filling out the necessary forms, you may do so for a nominal fee through the Lee County Clerk of Court's web site at www.leeclerk.org. An eviction forms packet may also be purchased from the Clerk of Court's Civil Division for a nominal fee. Their office is located on the 2nd floor of the Lee County Justice Center, 1700 Monroe St., Fort Myers. Information on filing fees can also be obtained from the Clerk's web site. Completed forms and fees should be taken to the clerk of Court for filing.

The cost of the summons is $40.00 per person per service.
Each and every adult being evicted must have a summons served upon them.
Either summons will need to be issued a case number by the Clerk of Courts.
The time frame does NOT include the day of service, weekends, or holidays.
In order for you to determine which summons to obtain, decide if you are pursuing back rent or if you just want the people to vacate the premises:
- If you decide to pursue back rent, you must obtain the 5-& 20-Day Summons. This summons must be personally served in order to collect for monetary damages.
- If you decide to have the people vacate without collecting back rent or monetary damages, you need to obtain a 5-Day Summons. This summons is posted on the door.

3. Writ of Possession

A Writ of Possession may be submitted to the Clerk of Court for issuance once a judgement for possession has been obtained. A Writ of Possession is included with the forms made available through the Clerk.

This is a 24-hour process.
Once you have the certified original Writ of Possession that has a case number assigned to it, bring it to the Sheriff’s Office with $90.00.
Make sure that the contact information is on the front side of the Writ of Possession, including:
- Contact person’s name,
- Address,
- Telephone number to contact them once the property has been posted.
Once we receive the Writ and process it, it goes to the deputy for service.
Again, once posted, the time frame does not include the day of service, weekends, or holidays.
The deputy or a civil clerk will contact the person who will have the property turned over to them with the day and time to turn the property over.
On the date and time to turn the property over, the deputy will stand by long enough for you to change the locks, or to have them changed by a professional locksmith, if you desire. Changing locks is your responsibility; the Sheriff’s office does not change locks.
If the people have not left the premises, the deputy will escort them off the property, and you can remove whatever personal property is still inside the residence and take it to the curbside. It then is no longer your responsibility. If you invite the people back inside to take possession of their own personal property and they decide not to leave, you will need to begin the eviction process over again from the first step.