CLERK OF COURT & COMPTROLLER
HILLSBOROUGH COUNTY, FLORIDA
The Clerk of Court and Comptroller is an independent third party trustee of public records and public funds. The Clerk may help you navigate through court processes and refer you to resources, but we are not permitted by law to provide you with legal advice. The chart below shows you a general overview of what a simple residential eviction process entails -- some steps may differ and some forms may differ depending on the type of eviction and the circumstances of that case.
• Commercial Property Eviction: used when a lease agreement exists between two or more parties for a commercial property -- tenant is required to pay rent.
• Residential Property Eviction: used when a lease agreement exists between two or more parties for a residential property -- tenant is required to pay rent.
• Unlawful Detainer: not an eviction -- there is no lease or rental agreement and no agreement for the occupant to pay rent.
The landlord and tenant both have obligations when it comes to maintenance and repairs. FSS 83.51 and 83.52 go into detail about these obligations and is further explained on the Florida Department of Agriculture and Consumer Affairs website. If you withhold rent before you have been evicted, the landlord might file to evict you to have you removed for non-payment of rent. After you have been served with the summons, you have 5 business days to file an answer with the Clerk and deposit all of the rent that is due into the Court Registry. The court will then decide on your case.