What are the steps to the eviction process?
Steps for Eviction
1. Written 3-Day Notice
The landlord, owner or the person doing the evicting writes a 3-Day Notice.
The time frame does NOT include weekends, holidays or the day of service and
includes business days only. The landlord/owner/evictor can serve the written
notice in one of the following ways:
Post it on the door,
Mail it, or
Hand deliver it.
2. 5-& 20-Day Summons
If there is no response after the official three-day (3) notice has been
provided to the tenant, you may initiate the eviction process by filing a case
with the Clerk of Court. For assistance acquiring and filling out the
necessary forms, you may do so for a nominal fee through the Lee County Clerk
of Court's web site at www.leeclerk.org.
An eviction forms packet may also be purchased from the Clerk of Court's Civil
Division for a nominal fee. Their office is located on the 2nd floor of
the Lee County Justice Center, 1700 Monroe St., Fort Myers. Information
on filing fees can also be obtained from the Clerk's web site. Completed
forms and fees should be taken to the clerk of Court for filing.
The cost of the summons is $40.00 per person per service.
Each and every adult being evicted must have a summons served upon them.
Either summons will need to be issued a case number by the Clerk of Courts.
The time frame does NOT include the day of service, weekends, or holidays.
In order for you to determine which summons to obtain, decide if you are
pursuing back rent or if you just want the people to vacate the premises:
If you decide to pursue back rent, you must obtain the 5-& 20-Day
Summons. This summons must be personally served in order to
collect for monetary damages.
If you decide to have the people vacate without collecting back rent or
monetary damages, you need to obtain a 5-Day Summons. This
summons is posted on the door.
3. Writ of Possession
A Writ of Possession may be submitted to the Clerk of Court for
issuance once a judgement for possession has been obtained. A Writ of
Possession is included with the forms made available through the
This is a 24-hour process.
Once you have the certified original Writ of Possession
that has a case number assigned to it, bring it to the Sheriff’s Office with
Make sure that the contact information is on the front side of the Writ of
Contact person’s name,
Telephone number to contact them once the property has been posted.
Once we receive the Writ
and process it, it goes to the deputy for service.
Again, once posted, the time frame does not include the day of service,
weekends, or holidays.
The deputy or a civil clerk will contact the person who will have the property
turned over to them with the day and time to turn the property over.
On the date and time to turn the property over, the deputy will stand by long
enough for you to change the locks, or to have them changed by a professional
locksmith, if you desire. Changing locks is your responsibility; the Sheriff’s
office does not change locks.
If the people have not left the premises, the deputy will escort them off the
property, and you can remove whatever personal property is still inside the
residence and take it to the curbside. It then is no longer your
responsibility. If you invite the people back inside to take possession of
their own personal property and they decide not to leave, you will need to
begin the eviction process over again from the first step.
The Sheriff’s Office accepts cash, money orders, cashiers checks, business
checks and law firm checks. We do NOT accept personal checks.