How to File an Unlawful Detainer in Collier County, Florida

Naples property owners dealing with an occupant who has no lease and pays no rent need an Unlawful Detainer filing, not a standard eviction. Here's Collier County's exact process.

What Is an Unlawful Detainer, and Why Isn't It Just an "Eviction"?

An eviction requires a landlord-tenant relationship — meaning rent was owed or agreed to, verbally or in writing. An Unlawful Detainer, under Chapter 82 of the Florida Statutes, is for the opposite situation: no rent agreement exists at all. File the wrong one, and Florida courts will dismiss the case outright.

Collier County Unlawful Detainer Filing Fee

What You'll Need to File

• Complaint for Unlawful Detainer
• Summons (one per defendant)
• Affidavit of Ownership (if filing pro se, without an attorney)
• Certificate of Mailing (needed if the Sheriff is unable to personally serve the occupant and posts the Summons instead)
• One copy for yourself, plus two copies of the Complaint and Summons for each defendant

A written notice to vacate is not legally required before filing an Unlawful Detainer — but many county Clerk packets recommend sending one anyway as good practice, commonly with a 3-day window, before filing.

Official self-help forms and instructions are available through the Florida Courts Self-Help Center and the Florida Bar's consumer information pages.

The Most Common Mistake: Filing a Standard Eviction Instead

Assuming a verbal "you can stay if you help with bills" arrangement counts as a lease can actually create the very landlord-tenant relationship that disqualifies a case from Unlawful Detainer, requiring a standard eviction instead. Worth having this evaluated carefully before filing.

Collier County Clerk of Court

Real Situations We Help With

"My Daughter Struggled With Addiction — The Eviction Saved Her"

A parent let her adult daughter move back home during her struggle with addiction. With no lease and no rent agreement, an Unlawful Detainer was the legal path forward. The removal became the turning point — the family reconciled, and she went straight into treatment. Sometimes the hardest legal step is also the one that saves a life.

The above is an illustrative example based on a common situation, not an account of a specific individual customer.

If you'd rather not navigate this alone, Your Solution Partner prepares Unlawful Detainer filings for Collier County starting at $99, typed correctly the first time. See all services →

What to Expect at a Hearing

If the occupant files a response, both sides will be required to attend a hearing before a judge (not a jury). A few practical things to know:

• Address the judge as "Your Honor" or "Judge," and do not interrupt while they are speaking
• A bailiff (a deputy sheriff) maintains order in the courtroom and will direct you where to sit
• The burden of proof is on you as the person bringing the case — simply telling your story may not be enough. Bring documentation, texts, or other evidence supporting your claim that no lease or rent agreement ever existed
• Evidence presented must generally conform to Florida's Rules of Evidence (Chapter 90, Florida Statutes) to be considered by the judge