Florida’s county clerks publish separate forms for situations where someone who never agreed to pay rent refuses to leave a home. The clerks call this type of case unlawful detainer and describe it as distinct from eviction. This article shows how the clerks themselves describe unlawful detainer, when they say their packet applies, and the filing steps they publish, using Pasco County’s materials as the example. Every quotation comes directly from a clerk’s own published packet, and the numbered notes at the end link to each original so you can read them for yourself.
The information that follows is taken directly from legal documents published by Florida county clerks. It is provided for educational purposes only and does not represent legal advice or the legal opinions of the author.
What unlawful detainer is
The Pasco County Clerk & Comptroller defines it in the opening page of its packet, which is labeled “UNLAWFUL DETAINER (not Eviction).” In the Clerk’s words, unlawful detainer “is a county court lawsuit, filed pursuant to Florida Statute Chapter 82, to request that another person be ordered to leave your property.”¹
When Pasco County says to use it
The Clerk’s information sheet asks “When should this form be used?” and answers with four conditions, each joined by “and”:²
- “You are trying to remove someone from your home, and”
- “You have a legal right to reside in your home (you are the owner or are the legal tenant), and”
- “The person you are trying to remove does not have a legal right to reside in your home (they are not an owner or a legal tenant), and”
- “There is no agreement for rent (verbal or in writing) between you and the person you are trying to remove.”
The same sheet gives an example of the kind of situation it has in mind: “You let your former significant other or relative live in your home. You have now told them to leave, and they refused.” It also says what to do when a situation doesn’t fit: “If your situation does not meet these criteria, unlawful detainer may not be the appropriate action, and you should review the information on eviction and ejectment. CONTACT AN ATTORNEY with any questions.”
How eviction and unlawful detainer differ
The Clerk distinguishes the two case types by whether any agreement to pay rent exists. The packet instructions say unlawful detainer “is similar to an eviction proceeding except that in an Unlawful Detainer case, there is no landlord/tenant relationship between the parties, i.e. there is no agreement to pay rent, either verbal or in writing.”¹
The instructions continue: “If there is an agreement to pay rent, verbal or in writing, you should consider filing an eviction case. Consult with an attorney if you are not sure.” Pasco publishes a separate Landlord and Tenant Eviction packet for those evictioncases, which states that it applies “FOR RESIDENTIAL PROPERTY ONLY.”³
We will write a separate article about evictions, because the process and the forms packets are different.
The Pasco County process, step by step
Pasco’s Filing Checklist divides the case into three steps. The forms and copy counts below are quoted from that checklist.⁴
Step One: File the case with the Clerk. The checklist says you “may file the following forms along with the filing fee and any service fees, if applicable, with the Clerk’s office”:
- Complaint for Unlawful Detainer, with “(1) Original filed with the Clerk and (1) copy for each Defendant to be served”
- Civil Cover Sheet
- Affidavit of Military Status
- Summons, with “(1) Original and (1) copy for each Defendant to be served”
Pasco’s summons instructions cover what happens if the person cannot be found. Citing Florida Statute 82.05, they say that in that situation “the sheriff must serve the summons and complaint by attaching them to some conspicuous part of the real property involved in the proceeding.” If you expect service by posting, the Clerk asks you to provide two copies of the complaint and summons for each defendant, plus prestamped legal-size envelopes addressed to each defendant’s residence and last known business address, if known. The instructions then state that “Service shall be effective on the date of posting or mailing, whichever occurs later, and at least 5 days MUST elapse from the date of service before a judgment for final removal of the defendant may be entered.”⁵
Step Two: Obtain a judgment. The checklist starts this step “5 days after service on the Defendant(s)” and splits it into two paths.
- If the defendant “DID NOT respond,” the forms are the Motion for Clerk’s Default, the Motion for Default Final Judgment, and the Final Judgment of Unlawful Detainer, with “(1) Original and (1) copy for each Plaintiff AND Defendant and pre-addressed stamped envelope for each party as well.”
- If the defendant “DID respond,” the form is a Notice of Hearing. The checklist says “It is your responsibility to contact the Judicial Assistant for the Judge that is assigned to your case, to set a hearing date,” and then to file the original and send a copy to the defendant. The checklist says to bring the Final Judgment and copies to the hearing, and that “If the judge grants your complaint, a Final Judgment will be signed.”
Step Three: Obtain a Writ of Possession. In the Clerk’s words, “If the Defendant(s) refuses to leave the property after the Final Judgment has been signed, you may file a Writ of Possession and have it issued by the Clerk, allowing the Sheriff’s department to remove them from the property.”
The checklist also lists two additional forms. The Notice of Voluntary Dismissal is used “If you decide not to proceed with your case prior to a judgment being entered.” The Disclosure from Nonlawyer “should only be used if a nonlawyer assists you in completing any forms,” and “The nonlawyer must complete this form and both of you are to sign it before the nonlawyer assists you in completing any forms.”
The checklist does not list filing fees. Fees appear in the Clerk’s fee schedule and can change. Pasco’s Legal Resource Center price list shows the unlawful detainer packet itself at $3.60.⁶
Other Florida counties publish similar packets
Florida has 67 counties, each with its own Clerk of Court, and clerks around the state publish unlawful detainer packets of their own. Many use wording similar to Pasco’s and cite the same statute, Chapter 82. Clerks in several neighboring and larger counties describe it as follows:
- Hillsborough County. The Clerk’s packet uses the same “UNLAWFUL DETAINER (not Eviction)” heading and the same four conditions.⁷ The Clerk’s web page adds that removing someone with whom you have no agreement to pay rent “is not an eviction.”⁸
- Pinellas County. The Clerk’s packet lists the same four conditions and offers the example “You let your former significant other, relative or friend live in your home. You have now told them to leave and they refused.”⁹
- Hernando County. The Clerk’s forms and instructions say the forms “should be used if there is no residential lease or verbal agreement for rent.”¹⁰
- Duval County. The Clerk’s packet describes unlawful detainer as a county court lawsuit under Chapter 82 with no landlord-tenant relationship between the parties and includes an Unlawful Detainer Flow Chart.¹¹
- Putnam County. The Clerk’s help center gives the same definition and points readers to its packet.¹²
The details still vary from county to county, including copy counts, fees, and whether notarization happens at filing. For example, Pinellas asks for two sets of copies for mailing per defendant in addition to the service copy, while Pasco’s checklist asks for one copy per defendant to be served. Each clerk publishes its packet for cases filed in that county, and clerks revise their forms from time to time. The information provided here is an outline, but each county packet and process needs to be reviewed separately as the process changes from county to county.
Need help completing the forms?
If you’ve reviewed your county’s packet and want help preparing the paperwork, Form America LLC, the publisher of this site, offers flat-rate form completion and filing instructions for unlawful detainer and landlord-tenant forms in all 67 Florida counties at LandlordTenantForms.com. You supply the facts, and Form America types them into your county’s forms and walks you through how to file them. As the clerks’ checklists note, you and the preparer (Form America) will sign a Disclosure from Nonlawyer before any work begins. Form America is not a law firm and cannot tell you whether unlawful detainer or eviction is the right case for your situation. If you aren’t sure, the clerks recommend consulting an attorney.
Notes
- Pasco County Clerk & Comptroller, Unlawful Detainer Packet Instructions
- Pasco County Clerk & Comptroller, Unlawful Detainer Information Sheet
- Pasco County Clerk & Comptroller, Landlord and Tenant Information and Instructions
- Pasco County Clerk & Comptroller, Unlawful Detainer Filing Checklist
- Pasco County Clerk & Comptroller, Instructions on Unlawful Detainer Summons
- Pasco County Clerk & Comptroller, Legal Resource Center Price List
- Hillsborough County Clerk of Court, Unlawful Detainer Packet
- Hillsborough County Clerk of Court, Unlawful Detainer (web page)
- Pinellas County Clerk of the Circuit Court and Comptroller, Unlawful Detainer packet (rev. 03/2026), available at mypinellasclerk.gov
- Hernando County Clerk, Unlawful Detainer Forms and Instructions
- Duval County Clerk of Courts, Unlawful Detainer Packet
- Putnam County Clerk, What is an unlawful detainer?
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