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This department handles cases for monetary judgments from $5,000.01 up to $14,999 and landlord/tenant cases. It is also responsible for assisting citizens in filing a small claims action by providing the necessary forms, instructional materials and references on the small claims process. Small Claims is from $0 - $5,000
Landlord/Tenant Information:
A lease is an agreement to rent property. It may be written or oral. However, most are written because oral agreements can be subject to misunderstandings. A written lease can be in the form of a formal contract or simply a copy of a letter that states the rights and obligations of both tenant and landlord.
Florida law requires that most notices to and from a landlord be in writing, even if the rental agreement is oral.
In cases where there is not a written lease, the terms of the tenant’s rental payment schedule (monthly, weekly, etc.) determines the length of the agreement.
- THE LANDLORD’S ACCESS TO THE PREMISES
Once a dwelling is leased, the tenant’s right to possession is similar to ownership. The landlord can, however, enter at reasonable times and with proper notice to inspect, repair, and supplies agreed services, or show dwelling to a prospective or actual purchaser, tenant, mortgagee, workman or contractor.
If the unit is a single-family home, duplex, mobile home, unless otherwise agreed upon in writing, the landlord must:
- Comply with all building, housing and health codes
- In cases where there are no applicable building, housing or health codes or in cases where there is not a written lease, the landlord must:
- Maintain the roof, floors, windows, screens and other structural components in good repair and the plumbing in reasonable working condition.
If the unit is not a single-family house or duplex, unless otherwise agreed upon in writing, the landlord must:
- Provide for extermination of rats, mice, roaches, ants, termites and all other unwanted organisms
- Provide running water and hot water
- Provide a smoke detection device
- Provide locks and keys
- Provide a working heating system
- Provide a clean and safe condition of common areas
- Remove garbage from premises.
- OBLIGATIONS OF THE TENANTS
Upon signing of the lease, the tenant is required to do the following:
- Comply with housing and health codes
- Keep plumbing required
- Keep dwelling clean
- Occupy the dwelling without disturbing the peace
- Refrain from abusing the electrical, plumbing, heating, air condition or other systems furnished by the landlord
- Refrain from destroying, damaging or defacing the premises
- Remove garbage from the dwelling unit
- LANDLORD/TENANT NONCOMPLIANCE
If the landlord does not comply with the law or the terms of the lease, the tenant may be able to withhold the rent. However, the tenant must announce the intent to withhold the rent by certified mail at least seven days before the rent is due to allow for time to remedy the problem.
If the problem is not corrected within the seven days and the tenant withholds the rent, the landlord may take the tenant to court to collect it. Under these circumstances, the tenant must pay the rent into the Court Registry pending the Judge’s determination of the case.
If the tenant doesn’t comply with the law or the terms of the lease, the tenant can be evicted. Except for the failure to pay rent, a landlord must notify the tenant, in writing, of the shortcomings and give the tenant seven days to correct the situation. If the tenant doesn’t comply within seven days, the landlord can begin the eviction process. Depending on the offense the process for eviction varies.
- EVICTION FOR FAILURE TO PAY RENT
After the landlord has served the tenant a written notice and given the tenant three days to pay rent, excluding weekends and legal holidays, the landlord may begin the eviction process.
The landlord must file suit in the Office of the Clerk of County Court, Landlord/Tenant Division, in the county in which the dwelling is situated.
Florida Statutes does allow a landlord to force a tenant out by:
- Denying access to premises by changing locks
- Removing outside doors, locks, roof, walls or windows (except for the purpose of maintenance)
- Removing the tenant’s personal property from the dwelling unless it is a lawful eviction
- Shutting off the utilities
If any of these occur, the tenant may sue for actual or consequential damages or three months rent, whichever is greater, plus court costs and attorney’s fees.
- PRACTICAL POINTERS FOR LANDLORDS AND TENANTS
IF YOU HAVE A WRITTEN RENTAL AGREEMENT READ IT THOROUGHLY BEFORE SIGNING.
IF THERE ARE ANY CHANGES TO THE WRITTEN RENTAL AGREEMENT GET IT IN WRITING.
KEEP RECEIPTS AND RECORDS.
DO A WALK THROUGH BEFORE ENTERING OR VACATING THE PREMISES. TAKE PICTURES OF ANY QUESTIONABLE CONDITIONS.
IF YOU HAVE A PROBLEM, IT NEEDS TO BE IN WRITING AND IN THE PROPER FORM, SEE FLORIDA STATUTES 83.51.
This is not meant to be a complete summary of Florida Statutes ss83, pertaining to Landlord/Tenant Law. If you have a cause to bring a Landlord/Tenant Action to court, be sure to obtain legal advice.
For more information, please contact the Civil Department at 386.362.0500
Small Claims Information:
A Small Claims case is a legal action filed in County Court to settle minor legal disputes among parties where the dollar amount involved is $5,000 or less, excluding costs, interest and attorney fees.
No, in most cases you can represent yourself if you so desire. If the case is complex, you will be better off with legal counsel. The Clerk's Office will provide you with the necessary forms to file a claim. General information and assistance are available at the Clerk's office. No legal advice can be given, however.
If you are in need of assistance in selecting an attorney, you may call the Florida Bar's referral service, toll-free at 1-800-342-8011.
- Who can file a Small Claims Case?
Any person(s) eighteen (18) years or older or any individual(s) doing business as a company may file a Small Claims case. A parent or guardian may file on behalf of a minor child. Each person who is a part to the claim must appear at the Clerk's Office to sign the necessary paperwork in the presence of a Deputy Clerk, or the signatures must be notarized.
- What does it cost to file a Small Claims Case?
Filing fees for Small Claims actions are determined by Florida Statutes and are subject to change by legislative action. Fees also vary in accordance with the dollar amount of your claim and the type of action.
Other fees are required for service on the parties you are suing and are dependent on the type of service you select.
A current Schedule of Service Charges is available in the Clerk's Office for your information.
- What is the Statute of Limitations?
How long you have to file a claim in court, notably Small Claims Court, varies depending on the topic and circumstances of the respective litigation. Chapter 95.11, Florida Statutes, explains that a person has between one and five years. In some cases, you can have up to 20 years to file if you are challenging a judgment or court decree.
- Where do I file a Small Claims case?
You may file a Small Claims case at the Clerk's Office Civil Division. The telephone number is (386) 362-0523. Business hours are from 8:00 a.m. to 4:30 p.m., Monday through Friday.
You can file your suit in the county of your residence, but the claim may have to be filed in the county where the person you are suing lives, the county where the cause of controversy occurred, or in the county where property involved in the controversy is located.
- What information do I need to file a Small Claims case?
It is important that you file your claim against the right party. The additional time you spend researching the current name could make a difference in whether you are able to collect should a judgment be entered by the court in your favor.
Copies of any contracts, notes, leases, receipts or other evidence you may have in support of your claim must be furnished for each person you are suing as well as the court. You will need to bring the originals to your first court appearance. A full explanation of your reason for the Small Claims action will be necessary. You may wish to write this explanation out at home and bring it with you when you come to the Clerk's Office to initiate your Small Claims case.
- Are there other requirements?
When you sue someone other than an individual, there is additional information needed to complete the necessary forms.
For example, are you suing an individual doing business as a company, a partnership where there are several people doing business as a company, a corporation and are they incorporated, or an insurance company? It is important for you to research this information carefully.
- What happens after I file my Small Claims case?
After you file your Small Claims case, each person or business you are suing must be served with a Summons or Notice to Appear in court on the date and time scheduled when you filed your claim. This court date will be a pre-trial conference and you should be prepared to present your case in court.
At the pre-trial conference mediation is ordered if both parties to the dispute are present and unable to settle their dispute. A mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision-making authority rests with the parties.
If the dispute cannot be settled at the Pre-Trial Conference, a trial date will be scheduled by the court for your case to be heard. You must appear at the trial with all witnesses and documentation of your claim.
At the trial you will have an opportunity to explain your case to the judge, ask the person(s) you are suing any questions concerning your claim, present your documentation as discussed at the pre-trial conference and call on your witnesses to help explain your case.
The Judge will require mediation because: Mediation is economical. Settlement is viewed as fair by both parties. There is one court meeting. You do not need to subpoena witnesses or evidence and depend on their presence at trial. You do not have to conduct extensive trial preparation. Mediation preserves personal and business relationships. It allows debtors to arrange repayment plans; avoid a judgment, and preserves credit reputation. Mediation protects privacy and avoids the publicity of trial. Both parties remain in control and participate in a "win-win" solution. The agreement is final and the dispute resolved.
- Can I have a jury trial on my small claims case?
Yes, a trial by jury may be requested by the person(s) filing the Small Claims case [Plaintiff(s)] upon written demand at the time the case is filed. Someone being filed against [defendant] may request a jury trial within five (5) days after service of Notice or at the pre-trial conference.
- What happens to my case if a settlement is reached?
If, at any time in the proceedings a settlement is reached between the parties, the plaintiff [person(s) who filed suit] must notify the Clerk of the Court's Office in writing of the settlement.
- How can I collect my judgment?
The court does not collect money damages for you. You may wish to consult with an attorney for advice on how to collect your judgment. You may also wish to pick up an information sheet that addresses collecting a judgment, which is available at the Clerk's County Civil Department.
- Can I file a lien against the Defendant's property?
If you choose to place a Judgment Lien against any individually owned real property of the defendant's following the award of a judgment in your favor, you should obtain a certified copy of your judgment and have it recorded in the Official Records at the Clerk's Recording Division. Fees for recording are set by statute and are subject to change by legislative action. Contact the Clerk's Office for current fees
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