Polk County Eviction Court β€” Landlord Filing Guide (2025)

Everything Florida landlords need to file a Eviction (Unlawful Detainer) in Polk County β€” fees, courthouse info, timeline, and step-by-step process.

$185
Filing fee
2–4 weeks
Hearing wait
4–8 weeks
Total process
E-File βœ“
Filing method

πŸ›οΈ Polk County Courthouse Information

⚠️ Polk County β€” What Landlords Should Know

Polk County follows standard Florida eviction procedures.

Need an Eviction Attorney in Polk County?

Procedural mistakes can get your case dismissed. Get matched with a local Polk County eviction attorney β€” free consultation.

Step-by-Step: How to File an Eviction in Polk County

1

Serve the Required Notice

Before filing, you must serve a written notice. For non-payment of rent, a 3-day Pay or Quit notice is required. For lease violations, serve a 7-day Cure or Quit notice. Make sure the notice is properly formatted and personally served or posted per Florida law.

2

File Your Eviction (Unlawful Detainer) at Polk County Courthouse

After the notice period expires without compliance, file your eviction complaint at the Polk County Courthouse (255 N. Broadway Ave., Bartow, FL 33830). The filing fee is $185. Bring: your lease agreement, the notice, and proof of service. Online filing is also available.

3

Serve the Summons on the Tenant

After filing, the court issues a summons. In Polk County, service is typically handled by the Sheriff's office or a licensed process server for a fee of $40. You must NOT serve the summons yourself β€” improper service can get your case dismissed.

4

Attend the Court Hearing

Hearings in Polk County are typically scheduled 2–4 weeks after filing. Attend with all documentation: lease, notices, payment records, and proof of service. If the tenant doesn't appear, you may receive a default judgment. Come prepared to present your case clearly.

5

Obtain and Enforce the Writ of Possession

After a judgment in your favor, request a Writ of Possession from the clerk. The Florida Sheriff's office will serve the writ and oversee removal if the tenant refuses to leave voluntarily. Do NOT change locks or remove property yourself β€” this constitutes illegal self-help eviction in Florida.

Polk County Eviction Filing Cost Breakdown

Cost Amount Notes
Court Filing Fee $185 Paid to Polk County Clerk of Court
Summons Service $40 Sheriff or process server fee
Writ of Possession ~$34–$40 Sheriff enforcement after judgment
Attorney (optional) $400–$1500 Recommended for contested cases

Frequently Asked Questions β€” Polk County Evictions

How long does an eviction take in Polk County?

The typical Polk County eviction takes 4–8 weeks from serving the initial notice to enforcement β€” assuming the tenant does not contest. A contested eviction can take significantly longer. Polk County is generally considered a landlord-friendly jurisdiction.

How much does it cost to file an eviction in Polk County?

The court filing fee in Polk County is $185. Additional costs typically include: process service or sheriff fee ($40), Writ of Possession enforcement (~$34–$40), and attorney fees if represented ($400–$1500). Total out-of-pocket without an attorney is typically $259–$265.

What court handles evictions in Polk County?

Evictions in Polk County are filed at the Polk County Courthouse, located at 255 N. Broadway Ave., Bartow, FL 33830. The case type is filed as a Eviction (Unlawful Detainer).

Can I file an eviction online in Polk County?

Yes, Polk County accepts electronic filing for eviction cases. You can file the complaint and pay fees online, though in-person service of process is still typically required.

Do I need a lawyer to evict a tenant in Polk County?

Florida law allows landlords to represent themselves in eviction court. However, having an attorney reduces the risk of procedural dismissals and improves outcomes, especially in contested cases.

What happens if the tenant doesn't leave after the eviction judgment in Polk County?

After a judgment in your favor, request a Writ of Possession from the court. The Polk County Sheriff's office will then execute the writ β€” notifying the tenant to vacate, and physically removing them if they refuse. Do NOT attempt to remove the tenant yourself; self-help eviction is illegal in Florida.

Relevant Florida Statutes