Eviction Lawyer Tallahassee, FL
Tallahassee Eviction Attorney, Attorney-Handled Evictions for $295
Tallahassee’s rental market is shaped by something most other Florida cities don’t have: a massive student population. Florida State University, Florida A&M University, and Tallahassee Community College collectively enroll over 80,000 students, and a large percentage of them rent off-campus housing in Leon County. That creates a unique set of landlord-tenant issues, from mid-lease departures and roommate disputes to lease violations tied to shared housing. Whether your tenant is a student, a state government employee, or anyone else, the eviction process in Leon County follows the same statutory requirements and leaves no room for procedural error.
Kelley, Grant & Tanis Law represents landlords across Tallahassee and all of Leon County. We handle every stage of the eviction process, from drafting the notice through coordinating with the Leon County Sheriff’s Office to execute the writ of possession. You don’t have to appear in court or face the tenant.
Ready to start your eviction? Call 877-871-8300 or contact us online to speak with our team. We’ll review your lease, advise on the correct notice, and begin the filing process.
Although there are many websites and services which promise to file an eviction on your behalf for a very low fee, these services are very limited in what they can do under Florida law. They can help you only if the eviction is uncontested. They are not run by attorneys and they cannot give you legal advice. These services merely help fill out forms on your behalf. If any problems develop, such as the tenant disputing your eviction, you will not be able to continue using their services. You will have to continue the litigation on your own or pay more money to hire an attorney.
Our firm not only files all of the eviction pleadings on your behalf, but we also represent you at any mandatory mediations and hearings. This can become even more important if you happen to live out of state or out of county and own property locally. With a licensed attorney representing you, you never have to face the tenant.
Get legal help! Call our law offices today at 1-877-871-8300.
Steps of the Uncontested Eviction Process:
- Posting of three day notice or seven day notice
- Wait 3 or 7 days, not including weekends and holidays
- Filing of Eviction Lawsuit with the County Court
- Serve tenant with summons
- Wait 5 days
- If tenant does not answer, file Request for Default
- Clerk’s default
- Filing for Final Judgment of Eviction with Judge
- If tenant is still on the property, get writ of possession
- Writ of Possession issued
- Scheduling removal of tenant with Sheriff
The Contested Eviction Process:
The tenant has 5 days (excluding Saturdays, Sundays, and Legal Holidays) to file an answer to a landlord’s complaint. If the tenant files an answer to your complaint, the eviction becomes contested. An answer can be any type of response, even a handwritten note from the tenant to the Judge. If an answer has been submitted it is strongly advised that you retain an attorney.
After filing an answer, the case can take many unpredictable turns, depending on what the tenant said in the answer. This can lead to protracted litigation, hearings, mediation, and even trial. An attorney can help you navigate through this process and avoid the countless legal pitfalls that you may encounter. This is especially true if the tenant has paid representation or legal aid.
If you don’t have an attorney you risk losing out on rent and damages that may be due to you. In addition, you may end up having your case dismissed and having a tenant living in your property for free.
Get legal help! Call our law offices today at 1-877-871-8300.
This information applies to an uncontested tenant eviction for possession only.
Generally, an uncontested eviction can take 4 to 5 weeks to complete. Depending on the circumstances of your case, this period may be longer or shorter.
FEES & COSTS
| ONE TENANT | TWO TENANTS | THREE TENANTS | |
|---|---|---|---|
|
Court Filing Fee |
$190.00 |
$190.00 |
$190.00 |
|
Summons |
$10.00 |
$20.00 |
$30.00 |
|
Process Server |
$40.00 |
$80.00 |
$120.00 |
|
Attorney Fees |
$295.00 |
$295.00 |
$295.00 |
| Total Cost |
$535.00 |
$585.00 |
$635.00 |
Optional Services
- Upon retaining us for your eviction, we will send you a Three-Day Notice and helpful checklist at no extra cost. A fee of $80 will be charged if you would like the Firm to draft and serve a Three Day Notice or Thirty Day Notice on your tenant.
- If you choose to sue for back-rent or damage to the Premises, please contact us to discuss fees and costs.
- If this becomes a Contested Eviction Process, applicable Attorney Fees and other costs will apply.
Refund Policy
In the event that the Tenant pays or leaves within the three-day or seven-day notice period, prior to the filing of the case with the Court, then the entire amount of attorney fees is refundable less $150.00 for pre-suit legal advice. Any incurred costs for preparation
Frequently Asked Questions
- What can I do if my tenant has not paid the rent?The tenant must be served with a three-day notice demanding that the rent be paid or the tenant surrender possession of the premises within three days (excluding the day of service, weekends and holidays), unless the lease gives a different timeframe.
- How do I evict a month to month tenant?You must serve the tenant with a notice stating that the month-to-month tenancy is terminated and demanding that the tenant surrender possession at the end of the monthly period. The notice must be served at least fifteen (15) days before the end of the monthly period, and the termination date on the notice must be the last day of a monthly period.
- My tenant has failed to comply with the terms of the lease, other than non-payment of rent, and I want to evict. What can I do?If the tenant has failed to comply with material provisions of the lease, or reasonable rules and regulations governed by the Florida Statutes then the law states:
If the non-compliance is such that the tenant should be given an opportunity to cure the non-compliance, the landlord must serve the tenant with a seven day notice to cure or vacate, stating the non-compliance, and stating that the tenant has seven days to correct the non-compliance or else the lease is deemed terminated and the tenant shall vacate upon such termination. Examples of such non-compliance include but are not limited to, unauthorized guests, pets or vehicles; failing to keep the premises clean and sanitary; disturbance of other tenants by loud noises. In addition, the notice should state that if the tenant repeats the same conduct or conduct of a similar nature within twelve months, the tenancy is subject to termination without a further opportunity to cure.
- How do I serve a three-day notice, a seven-day notice or any of the other required notices?You may serve the notice yourself, or have it served by a process server that works with our firm. It is best to use a licensed process server since it eliminates mistakes and the process server will be perceived by the court as an impartial party with no stake in the matter. If you do it yourself, it’s best to have some proof that you served the notice.
- I posted a three-day notice, but the time has expired and the tenant has not paid nor vacated the premises. What happens next?
- After the period for a notice has expired, you should have an attorney file a Complaint for Removal of tenant which is served with a Summons on the tenant by the Sheriff or by a certified process server.
- The tenant has five days, excluding the day of service, weekends and holidays, to file an answer.
- If an answer is filed by the tenant, a hearing must be scheduled.
- If no answer is filed by the tenant, the attorney submits a Motion For Default, a Non-Military Affidavit, Final Judgment, and Writ of Possession.
- The Clerk enters a Default and the judge reviews the file.
- If everything is in order, the judge signs the Final Judgment.
- The file is sent back to the Clerk’s office and the Clerk’s office issues a Writ of Possession which is then sent to the Sheriff.
- The Sheriff then posts a twenty-four hour notice on the premises.
- The Sheriff will then call the landlord or the landlord’s designated agent to inquire whether the tenant has vacated the premises. If the tenant has not vacated, the sheriff will accompany the landlord at a specified date and time, to keep the peace.
- With the Sheriff present, the landlord may remove the tenant’s personal belongings from the premises.
- Can I remove a tenant myself?No, you must follow the steps outlined by the Florida Statutes, which prohibit the landlord from directly or indirectly terminating or interrupting any utility service furnished the tenant, including but not limited to, water, heat, light, electricity, gas, elevator, garbage collection or refrigeration, whether or not the utility service is under the control of or payment is made by the landlord.
You also cannot prevent the tenant from gaining reasonable access to the premises by any means such as changing the locks. You may not remove the tenant’s personal belongings from the premises unless it is after the tenant surrendered possession of the premises; after the tenant has abandoned the premises; or after a lawful eviction.
If you violate any of the above, you may be liable to the tenant for damages or three months rent, whichever is greater, plus costs and attorney’s fees.
- How long will it take to evict a non-paying tenant?The time required to evict a non-paying tenant in an uncontested eviction action can range from 4 to 6 weeks, depending on the particulars of the case and the Court’s busy schedule.
- What is the difference between an uncontested eviction and a contested eviction?Uncontested means the tenant does not dispute the eviction. If the tenant disputes the eviction and files any sort of answer, the eviction becomes contested. For example, if you sue to evict a tenant for nonpayment of rent and the tenant writes a letter to the court stating that he or she sent you the check, it becomes contested.
- I want to sue for back rent. What do I need to do?Keep in mind that it’s sometimes difficult to collect judgments against tenants. However, if you decide to sue for unpaid rent, add a count to your Complaint for unpaid rent. If the tenant does not dispute the amount of rent due, the Court will also issue a judgment for the amount of rent demanded in the Complaint.
What a Tallahassee Eviction Costs
Our attorney fee for an uncontested residential eviction is $295. That covers preparing and filing the complaint, all court filings through final judgment, and representation at any hearings. You don’t set foot in a courtroom.
Court costs and service fees are paid separately and depend on the number of tenants named in the complaint:
| Cost | One Tenant | Two Tenants | Three Tenants |
|---|---|---|---|
| Attorney Fee | $295.00 | $295.00 | $295.00 |
| Court Filing Fee | $190.00 | $190.00 | $190.00 |
| Summons | $10.00 | $20.00 | $30.00 |
| Process Server | $40.00 | $80.00 | $120.00 |
| Total | $515.00 | $565.00 | $615.00 |
Optional add-ons: We can draft and serve a Three-Day or Thirty-Day Notice on your behalf for $80. If you retain us for the eviction, we send you the notice and a step-by-step checklist at no extra cost.
Refund policy: If the tenant pays or vacates during the notice period before we file with the court, all attorney fees are refunded minus $150 for pre-suit legal advice.
Want to sue for back rent or property damage? Contact us to discuss additional fees and costs.
Eviction Issues Common in Tallahassee’s Rental Market
Tallahassee’s combination of student renters, government employees, and a growing residential population creates landlord-tenant situations that don’t always fit the standard mold. Some of the issues we see frequently from Tallahassee landlords include:
Student tenants who stop paying mid-lease. A signed lease is enforceable whether the tenant is a student or not. If a student leaves town, transfers, or simply stops paying, the landlord can serve a Three-Day Notice and proceed with eviction. The fact that the tenant is enrolled in school does not change the legal process or create any special protections.
Roommate situations where one tenant leaves. When multiple tenants are on a single lease, the departure of one doesn’t terminate the agreement. The remaining tenants are still bound by the lease terms. If the remaining tenants stop paying or violate the lease, the notice must name all parties on the lease. Getting this wrong is a common mistake that delays the eviction.
Lease violations in shared student housing. Noise complaints, unauthorized occupants, property damage, and pet violations are common in areas near FSU and FAMU. A Seven-Day Notice to Cure gives the tenant an opportunity to fix the issue; if the same violation recurs within 12 months, a Seven-Day Unconditional Quit Notice can be served without another cure period.
End-of-lease holdovers. Student leases often align with the academic calendar. When a lease ends and the tenant doesn’t vacate, the landlord must serve proper notice before filing for eviction. Simply waiting for the tenant to leave isn’t a legal strategy.
How Long a Tallahassee Eviction Takes
An uncontested eviction, where the tenant doesn’t file an answer, typically takes four to five weeks from the date we file the complaint with the Leon County Clerk of Court. Contested cases take longer depending on whether the tenant raises defenses or takes the case to trial.
| Uncontested | Contested | |
|---|---|---|
| Timeline | 4–5 weeks | 6 weeks to several months |
| Tenant response | None filed within 5 business days | Any written response, even a handwritten note to the judge |
| Court appearances | Typically none required from the landlord | Hearings, mediation, possible trial |
| Attorney involvement | We handle all filings and coordinate with the sheriff | We represent you in all proceedings, motions, and negotiations |
| Risk without a lawyer | Moderate; paperwork errors cause delays | High; procedural mistakes can result in dismissal and you paying the tenant’s attorney fees |
If the tenant files any kind of answer, the eviction is contested. In Tallahassee, tenants may have access to free legal assistance through the Legal Aid Foundation of Tallahassee, which is located inside the Leon County Courthouse and handles landlord-tenant cases for qualifying residents. When the tenant has counsel and the landlord doesn’t, the procedural imbalance can be decisive.
The Tallahassee Eviction Process Step by Step
Florida landlords must follow the procedures in Chapter 83 of the Florida Statutes. There are no shortcuts. Self-help evictions (changing locks, cutting utilities, removing belongings) are illegal and can result in you owing the tenant three months’ rent plus their attorney fees.
Step 1: Serve the Correct Notice
The type of notice depends on why you’re evicting:
Three-Day Notice, used for nonpayment of rent. The tenant has three days (excluding weekends and legal holidays) to pay in full or vacate. This is the most common notice type. Download our Three-Day Notice form with instructions.
Seven-Day Notice to Cure, used for lease violations other than nonpayment, including unauthorized pets, guests, vehicles, noise, property damage, or failure to maintain the unit.
Seven-Day Unconditional Quit Notice, used for repeated violations of the same type within 12 months, or for violations that cannot be cured.
Thirty-Day Notice, used to terminate a month-to-month tenancy. Under Florida’s 2023 preemption law (Section 83.425, F.S.), the statewide notice period is 30 days.
Step 2: File the Eviction Complaint
If the tenant doesn’t comply with the notice, we file a Complaint for Removal of Tenant with the Leon County Clerk of Court. The filing fee is $190 for an eviction-only action. The courthouse is located at 301 South Monroe Street in downtown Tallahassee, and the Clerk’s Help Center is in Suite 100 of the same building.
Step 3: Serve the Tenant with a Summons
The tenant must be formally served, either by the Leon County Sheriff’s Office or a licensed process server. Once served, the tenant has five business days to file an answer.
Step 4: Obtain Judgment
If no answer is filed: We request a default from the clerk, submit a Non-Military Affidavit, and file for Final Judgment of Eviction. Once the judge signs, the clerk issues a Writ of Possession.
If an answer is filed: The case enters litigation. We represent you through hearings, mediation, and trial if necessary. Leon County cases are heard in the Second Judicial Circuit.
Step 5: Writ of Possession and Sheriff Removal
The Leon County Sheriff’s Office posts a 24-hour notice on the property. If the tenant still hasn’t left, the sheriff returns with the landlord (or the landlord’s representative) to supervise the removal of the tenant’s belongings from the premises.
Why Use an Attorney Instead of a Document-Preparation Service
Online eviction-filing services charge less, but they can only help you if everything goes perfectly. They are not law firms. They cannot give you legal advice, represent you in court, or handle a contested case.
If the tenant files an answer, the service can’t help you. In Tallahassee, where student tenants may receive guidance from university legal services or the Legal Aid Foundation located inside the courthouse, contested cases are more common than landlords expect. Having an attorney from the start ensures your filings are correct and your case doesn’t stall.
Our firm handles the entire process from notice through possession. If you’re an out-of-town landlord or manage Tallahassee rental property from elsewhere in Florida, we appear on your behalf so you never have to face the tenant or travel to Leon County. The Florida Courts system enforces strict procedural compliance, and our attorneys know how the Second Judicial Circuit handles eviction cases.
Grounds for Eviction in Tallahassee
Florida law permits landlords to file for eviction after proper written notice for any of the following:
- Nonpayment of rent, the most common reason. A Three-Day Notice must be served first.
- Lease violations, including unauthorized occupants, pets, or vehicles; noise disturbances; failure to maintain the property; or unapproved alterations.
- Illegal activity, such as drug manufacturing, assault, or other criminal conduct on the premises.
- Holdover tenancy, where the lease has expired and the tenant refuses to leave after receiving proper notice.
- Termination of month-to-month tenancy, which requires 30 days’ written notice under current Florida law.
If you’re unsure which notice type applies to your situation, call our office before serving anything. The wrong notice restarts the clock.
Tallahassee Eviction FAQ
How long does it take to evict a tenant in Tallahassee?
An uncontested eviction typically takes four to five weeks from the date the complaint is filed. If the tenant contests, the timeline extends to six weeks or longer depending on the complexity of the case and the court’s calendar.
How much does it cost to hire an eviction lawyer in Tallahassee?
Kelley, Grant & Tanis charges a $295 attorney fee for an uncontested residential eviction. Court filing fees, summons, and process server costs are additional, bringing the total to approximately $515 for a single-tenant eviction. Contested evictions involve additional fees depending on the complexity of the case.
Can I evict a student tenant who signed a lease but stopped paying?
Yes. A signed lease is enforceable regardless of the tenant’s student status. If a student tenant stops paying rent, the landlord can serve a Three-Day Notice and proceed with eviction like any other nonpayment case. The lease terms, not the tenant’s enrollment status, determine the landlord’s rights.
Can I evict a month-to-month tenant in Tallahassee?
Yes. Under Florida law, a month-to-month tenancy can be terminated with 30 days’ written notice. The notice must be served at least 30 days before the start of the next rental period. If the tenant does not vacate by the termination date, you can file for eviction.
Can I change the locks or shut off utilities to remove a tenant?
No. Self-help evictions are illegal in Florida. Landlords cannot change locks, remove doors, shut off water or electricity, or remove a tenant’s personal property without a court order. A landlord who does this can be held liable for three months’ rent or actual damages (whichever is greater), plus the tenant’s attorney fees.
Where are eviction cases filed in Tallahassee?
Eviction complaints are filed with the Leon County Clerk of Court. The courthouse is at 301 South Monroe Street in downtown Tallahassee, with the Clerk’s Help Center in Suite 100. Writs of possession are executed by the Leon County Sheriff’s Office.
What is Florida’s landlord-tenant preemption law?
Section 83.425, F.S., effective July 1, 2023, preempts local governments from imposing landlord-tenant regulations beyond what Chapter 83 already covers. It established a uniform 30-day notice period for terminating month-to-month tenancies statewide and eliminated local ordinances that imposed additional requirements on landlords.
How do I start an eviction with Kelley, Grant & Tanis?
Call 877-871-8300 or contact us online. We’ll review your lease, advise on the correct notice, and begin the filing process.
About Evictions in Tallahassee and Leon County
Tallahassee is the capital of Florida and the county seat of Leon County, with a population of roughly 200,000 residents. The city’s rental market is heavily influenced by its three major educational institutions: Florida State University, Florida A&M University, and Tallahassee Community College. Student housing dominates neighborhoods near campus, including College Town, Frenchtown, Midtown, and areas along Apalachee Parkway and Tennessee Street. Many of these properties are owned by out-of-town investors who rely on property managers to handle day-to-day operations.
According to Legal Services Corporation data, Leon County processes a steady volume of eviction filings through the Second Judicial Circuit. The Legal Aid Foundation of Tallahassee, located inside the courthouse at 301 South Monroe Street, provides free legal services to qualifying tenants, which means landlords should expect that some contested cases will involve represented tenants.
Eviction complaints are filed with the Leon County Clerk of Court at 301 South Monroe Street. Writs of possession are executed through the Leon County Sheriff’s Office, located at 2825 Major James Morgan Jr. Way. The Leon County Property Appraiser maintains public records that landlords may need when verifying ownership details before filing.
Beyond the campus areas, Tallahassee’s rental market also includes properties in Killearn, Southwood, Bradfordville, and the surrounding unincorporated areas of Leon County. All eviction cases file through the same county court system.
Kelley, Grant & Tanis, Tallahassee Eviction Attorneys
Our firm represents landlords across all of Florida, including Tallahassee and Leon County. We are members of the Florida Bar Association, and our practice areas include evictions, real estate law, title insurance, and estate planning.
If you own rental property in Tallahassee and need a tenant removed, we can help.
Call 877-871-8300 to discuss your eviction with our team.
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