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

Asked almost 2 years ago - 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. Barbara Billiot Stage

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . 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... more
  2. Jeffrey B. Lampert

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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... more
  3. Carol Lynne Zimmerly

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . 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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