How to File an Unlawful Detainer in Polk County, Florida

Lakeland-area property owners removing an occupant with no lease and no rent agreement need an Unlawful Detainer filing, not a standard eviction notice.

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.

Polk County Unlawful Detainer Filing Fee

Filing fee: approximately $300

Summons issuance: $10 per defendant

Sheriff service fee: approximately $40 per defendant (or use a certified process server)

These are Florida statutory court fees. Confirm the current exact figure directly with the Polk County Clerk of Court before filing, as fees are subject to periodic adjustment and may not be uniform across all counties.

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

Missing the Affidavit of Ownership requirement for pro se filers is a frequent reason Polk County filings get sent back for correction.

Polk County Clerk of Court

Address: See website for current locations

Phone: 863-534-4000

Website: flclerks.com/page/findaclerk

Contact the Clerk's office directly to confirm current filing procedures, hours, and locations before your visit.

Real Situations We Help With

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

A parent in Polk County 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.

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

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If you'd rather not navigate this alone, Your Solution Partner prepares Unlawful Detainer filings for Polk 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

Your Solution Partner is not a law firm and does not provide legal advice or legal representation. We provide document preparation, research, and informational services only, based on Florida court-approved forms and the facts you provide. No attorney-client relationship is formed. Prices shown may not include applicable sales tax. Official self-help forms and instructions are also available free of charge through the Florida Courts Self-Help Center and the Florida Bar's consumer information pages.