By LaDonna, Evictions Done For You | 20+ years of property management | Updated October 2026
Lee County follows Florida's standard eviction process, but it has a few local rules that trip landlords up.
The Clerk asks for paperwork other counties don't, every eviction is filed in Fort Myers (not Cape Coral), and the Sheriff won't accept personal checks or cards.
This guide covers what to bring, where to file, and how to pay so your case keeps moving.
WHERE TO FILE A LEE COUNTY EVICTION
Online: Florida Courts E-Filing Portal (24/7)
In person:
Lee County Justice Center, Clerk of Court, Civil (2nd Floor)
32075 Dr. Martin Luther King Jr. Blvd., Fort Myers, FL 33901
Monday to Friday, 8:30 a.m. to 4:45 p.m.
Phone: (239) 533-5000
Mail: P.O. Box 2469, Fort Myers, FL 33902
Cape Coral landlords: the Clerk's Cape Coral branch does not handle eviction filings. File online or at the Justice Center in Fort Myers.
Note: Clerk staff can't help you fill out eviction forms.
WHAT TO BRING WHEN YOU FILE IN LEE COUNTY
☐ Complaint for Eviction
☐ A copy of your 3-day notice
☐ Your lease, plus two copies for each tenant
☐ Proof of ownership of the property
☐ Property management agreement (only if a property manager is filing)
☐ Consent to Case Closure form (possession-only cases)
☐ One stamped, legal-size envelope addressed to each tenant
☐ Filing fee: about $185, plus $10 per tenant for the summons
LEE COUNTY SHERIFF: HOW TO PAY
Lee County Sheriff's Office, Civil Division
2072 Victoria Avenue, Fort Myers, FL 33901
Monday to Friday, 8 a.m. to 5 p.m. | (239) 477-1353
Serving the eviction summons: $40 per tenant
Writ of possession: $90
Accepted: exact cash (in person only), business check, money order, or cashier's check, payable to "Lee County Sheriff's Office"
Not accepted: personal checks, debit cards, or credit cards
Bring a money order and skip a second trip.
Step 1 — Serve a Valid 3-Day Notice
The process begins with a written 3-Day Notice to Pay or Vacate. The notice must state the exact amount of rent owed (do not include late fees unless your lease explicitly allows it), the date the notice was given, and the name and address of both the landlord and the tenant. You deliver it by hand, by posting it on the door, or by certified mail.
Important: The three days are business days only. Saturdays, Sundays, and Florida legal holidays do not count. Keep a copy — you will need it when you file.
Step 2 — Wait the Full 3-Day Period
Do not file before the notice period has fully expired. Filing even one day early can get your case dismissed and restart the clock. If Day 3 falls on a weekend or holiday, the period extends to the next business day.
One critical trap: if your tenant offers partial payment during the notice period and you accept it — even as a goodwill gesture — you may legally invalidate your 3-day notice under Florida law and have to start over. Do not accept any payment unless it is the full amount owed.
Step 3 -File your Complaint for Eviction at the Lee County Clerk & Comptroller, 32075 Dr. Martin Luther King Jr. Blvd, Ft. Myers, FL 33901; phone (239) 533-5000. Mail filings and correspondence to P.O. Box 2469, Fort Myers, FL 33902. Office hours Monday through Friday, 8 AM to 5 PM.
For the most current filing requirements, visit the Lee County Clerk's eviction page
You will need to file: a civil cover sheet, your completed Complaint for Eviction, the original Summons and two copies for each named tenant, a copy of your 3-day notice, and a copy of the lease if one exists. The filing fee is approximately $185, plus $10 per defendant for summons issuance.
Supply one stamped legal-size envelope addressed to each tenant so the clerk can mail the complaint, summons, and lease if service is posted. Provide copies of all pleadings for each defendant. If submitting the writ of possession, include the sheriff's fee. The clerk may forward the writ to the sheriff or you may pick it up yourself.
Check the county packet for exact number of copies required.
If you are seeking possession only (no back rent claim), use Summons form 1.923(a). If you are seeking possession and back rent, use form 1.923(b). Mixing these up is one of the most common errors that delays cases.
Step 4 — The Tenant Is Served and Has 5 Business Days to Respond
The Sheriff or a certified process server will serve the tenant with the Summons and Complaint. After service, the tenant has 5 business days (excluding the day of service, weekends, and holidays) to file a written response with the Clerk and deposit any disputed rent into the Court Registry.
If the tenant files no response and deposits no rent: you move to Step 5. If the tenant files an answer: the court will schedule a hearing. This adds time but does not mean you lose. If the tenant retains an attorney: proceed with legal representation strongly recommended.
Step 5 — Request a Default Judgment
If the tenant does not respond within 5 business days, file a Motion for Default, an Affidavit in Proof of Claim, and a proposed Final Judgment for Possession with the Clerk. The judge reviews the case and, if approved, signs the Final Judgment.
Step 6 — Obtain the Writ of Possession and Schedule Sheriff Lockout
After the Final Judgment is entered, the Clerk issues a Writ of Possession.
Deliver the writ to the Lee County Sheriff's Office Civil Division, 2072 Victoria Avenue, Fort Myers, FL 33901; phone (239) 477-1353.
Pay the $90 writ of possession fee to the sheriff at time of delivery.
Provide postage-paid envelopes for the return of documents. Include the $90 sheriff's fee by separate check or money order.
Include the required sheriff's fee when submitting the writ.
Once the writ is posted, the tenant has 24 hours to vacate. If they do not leave, the Sheriff will authorize you to remove belongings and change the locks, returning possession of the property to you.
Important: Even if a tenant appears to have already moved out voluntarily, it is strongly advisable to have the writ formally executed by the sheriff. This formally ends their legal right to occupy the property and prevents any future claim that they still had possession.
Q: How long does an eviction take in Lee County, Florida?
A: An uncontested eviction typically takes 4 to 6 weeks from the date the 3-day notice is served, assuming all paperwork is filed correctly and the tenant does not respond.
Q: What court handles evictions in Lee County, FL?
Evictions are filed with the Lee County Clerk & Comptroller, 32075 Dr. Martin Luther King Jr. Blvd, Ft. Myers, FL 33901, phone (239) 533-5000.
Q: Do weekends count in a Florida 3-day eviction notice?
A: No. Saturdays, Sundays, and Florida legal holidays are excluded from the 3-day count. Only business days count.
Q: What happens if I accept partial rent after serving a 3-day notice in Florida?
A: Accepting any partial payment after serving the notice can legally invalidate the notice under Florida law, requiring you to start the process over. Do not accept payment unless it is the full amount owed.
Q: What forms do I need to file an eviction in Lee County, Florida?
A: You will need a civil cover sheet, Complaint for Eviction, Summons (form 1.923(a) for possession only or 1.923(b) for possession and back rent), your 3-day notice, and a copy of the lease if one exists.
Q: How much does it cost to file an eviction in Lee County, FL?
A: The filing fee is approximately $185, plus $10 per defendant for summons issuance, plus a $90 sheriff's fee for the writ of possession.
Q: Can a tenant stop the eviction by paying after I file?
A: The tenant can deposit the full amount of disputed rent into the Court Registry within 5 business days of being served. If they do, the case may be dismissed. Once a default judgment is entered, payment generally does not stop the process.
Q: What happens after a writ of possession is issued in Lee County, FL?
A: Deliver the writ with the $90 fee to the Lee County Sheriff's Office Civil Division, 2072 Victoria Avenue, Fort Myers, FL 33901, phone (239) 477-1353. Tenant has 24 hours to vacate once posted.
Q: Does a tenant in Lee County have to appear in court for an eviction?
A: Not necessarily. If the tenant does not file a written response within 5 business days of being served, a default judgment can be entered without a court hearing.
Q: What is the difference between possession-only and possession plus rent eviction in Lee County?
A: A possession-only eviction (form 1.923(a)) asks the court solely to remove the tenant. A possession plus rent case (form 1.923(b)) also seeks a money judgment for unpaid rent. Possession-only cases move faster and are simpler to file without an attorney.
Evictions Done For You is a document preparation service, not a law firm. Nothing on this page constitutes legal advice. For questions about your specific situation, consult a licensed Florida attorney.