Evictions

The Martin County Sheriff's Office does not accept personal checks or business checks.

Documents

1. About Supreme Court approved Eviction Forms
2. Steps to Landlord / Tenant Eviction
3. If the Tenant fails to respond to the Eviction Summons
4. If the Tenant responds to the Eviction Summons

When may I use the Supreme Court approved Eviction forms?

• The tenant is behind in rent
• The tenant is not complying with the lease
• You are the owner of the property, or you are the Property Manager with a notarized statement from the owner granting you permission to file the eviction action
• The property is residential

The Supreme Court approved Eviction forms may not be used when:

• Tenancy is being terminated even though the tenant is current on the rent and complying with the terms/conditions of the lease
• You are the Property Manager but do not have a notarized statement from the owner of the property granting you permission to file the eviction action
• The property is not residential
• The property is commercial
• The property is a mobile home lot

Step 1. Post notice (3-day or 7-day) on tenant’s door. Make sure a copy is kept by the Landlord. Wait the proper amount of time required on the notice. If the tenant does not comply with the demands stated in the notice, then you must file an eviction with the Court. See Step 2.

Step 2. To begin the eviction process, you must complete the forms listed below and pay filing and service fees.

1. Complaint (choose 1 of the 3 complaints that best suits your situation)
2. Eviction Summons/Damage Summons (depending on the complaint filed)
3. Civil Cover Sheet
4. Copy of 3 day notice or 7 day notice
5. Pay filing fee ( View Fee Schedule )
6. Have your signature notarized (Clerk will notarize for a fee)
7. Submit Sheriff’s service fee – the fees are per summons per defendant (husband & wife are 2 services)
8. Copies of the complaint and summons must be mailed to all defendants. Provide an envelope with proper postage for each defendant, or if you prefer, you may pay the clerk a fee of $0.58, per defendant, for an envelope and postage.
9. The Clerk charges to make copies of your pleadings. Those charges will be:
   1. Complaint for Eviction or Non Compliance/summons with one defendant
   2. Complaint for Eviction or Non Compliance/summons with two defendants
   3. Complaint for Eviction & Damages/summons with one defendant
   4. Complaint for Eviction & Damages/summons with two defendants

   Step 3. The landlord must contact the Clerk to determine if an answer has been filed, and if the rent money has been paid.

   Step 4. After the tenant is served with the eviction summons and they do not respond within 5 working days (beginning the day after the summons is served), the tenant can then be defaulted by correctly completing and filing the following forms with the Clerk:

   1. Motion for Clerk’s Default (and Default)-Residential Eviction
   2. Non Military Affidavit – notarized or Clerk can notarize for a fee
   3. Motion for Default Final Judgment-Residential Eviction
   4. Final Judgment for Eviction
   5. Writ of Possession

   Step 5. The Clerk will notify the landlord when the Judgment has been signed.

   Step 4. The landlord must contact the Clerk to determine if an answer and has been filed, and if the rent money has been paid

   If an answer has been filed and no rent money has been paid to the Clerk:

   1. Wait 5 - 7 days after the answer has been filed to see if the court responds without a hearing, then contact Judge Roberts' office for a court date for a "LANDLORD/TENANT ACTION"
   2. Prepare the Notice of Hearing with the court date the Judge's assistant gave you over the phone and file the original Notice Of Hearing with the Clerk
   3. Mail or hand deliver a copy of the Notice of Hearing to the tenant. (It is a good idea to have a witness with you when posting the notice.) You may also mail the notice using regular mail or by using certified mail with a return receipt (green card) attached.

   If an answer has been filed and rent money has been paid to the Clerk:

   1. Contact Judge Roberts’ office and ask for a court date for a LANDLORD/TENANT ACTION
   2. Prepare the Notice of Hearing using the court date the Judge’s office gave you over the phone, and file the original Notice of Hearing with the Clerk
   3. Mail or hand deliver a copy of the Notice of Hearing to the tenant. (It is a good idea to have a witness with you when posting the notice). You may also mail the notice using regular mail or by using certified mail with a return receipt (green card) attached.

   Step 5. Attend the court hearing and bring the Order to Deposit Rent Money with you. See the Deputy Clerk after court to verify this step. If the tenant does not comply with the Order, you must file the following:

   1. Write a letter to the Clerk stating that the tenant did not comply with the Order and that the landlord did not take any money from the tenant
   2. Final Judgment for Eviction
   3. Writ of Possession

   Step 6. The Clerk will notify the landlord when the Judgment has been signed. All forms must be completed correctly before a Judgment will be signed.

   If the Tenant complies with Order to Deposit Rent:

   Step 7. If the tenant complies with the order from the court then the case will probably go to court again. At that time you would need to contact the Clerk for further details.