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I HAVE RENTAL PROPERTY IN POLK COUNTY FLORIDA AND I WANT TO EVICT THE TENANTS FOR NON-PAYMENT OF RENT.

Winter Haven, FL |

I LIVE IN ANOTHER STATE, DO I HAVE TO GO THE POLK COUNTY CLERK OF COURT TO DO THIS, OR CAN I EVICT THEM FROM THE STATE I LIVE IN. I UNDERSTAND THAT THERE ARE FORMS THAT NEED TO BE NOTARIZED. CAN THESE FORMS BE NOTARIZED IN MY HOME STATE OR MUST THEY BE NOTARIZED IN POLK COUNTY???

Attorney Answers 3


  1. You can obtain the forms from the Polk County Clerk of Court's website, which will also provide the procedures, and submit them by mail.

    This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.


  2. You can evict the tenants "from the state" you live in, but by filing your eviction complaint with the Clerk of Polk County. You can not file in the state where you reside. You can use a notary in the state where you reside.

    I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.


  3. You can begin by delivering a proper Pay or Quit Notice.

    Most clerk of courts' websites use a standard form that does not
    include the telephone number for the landlord (which the statute
    says is a requirement, so be sure to include that underneath your signature).

    95% of the Pay or Quit Notices that a property owner prepares, delivers, and
    then shows me are either incorrect or impoperly delivered.

    If you use an incorrect Notice or deliver it incorrectly, your lawsuit will be dismissed.

    So, be sure to do your research or hire an attorney.

    You may use the Polk County forms to begin a lawsuit.
    The only form that needs a notary public to notarize your signature is the
    Non-Military Affidavit. You can do this after you do the initial filing.
    It must be done before or at the same time that you submit the Default
    papers and/or the Motion for Final Judgment, if you get to that point.

    Good luck!

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