How to Evict a Tenant in Palm Beach County, FL | Delray Beach, Boca Raton, West Palm Beach (Step-by-Step Guide)

Pre-filled and ready to serve. No guesswork.

Palm Beach County landlords have an advantage most Florida counties don't: you can file an eviction at more than one courthouse. Whether your rental is in Boca Raton, Delray Beach, Boynton Beach, or West Palm Beach, you can file online through the statewide E-Filing portal, by mail, or in person at any of the Clerk's courthouse locations.

What trips up Palm Beach landlords isn't where to file. It's the envelopes. This county asks for more stamped envelopes than most, at three separate points in the case, and missing them slows everything down.

This guide covers where to file, the Palm Beach envelope rules, and how to get the Sheriff to return possession of your property.

WHERE TO FILE A PALM BEACH COUNTY EVICTION

Online: Florida Courts E-Filing Portal (available 24/7) In person or by mail: any Palm Beach County Clerk of the Circuit Court & Comptroller courthouse location South County Courthouse (Delray Beach) 200 W. Atlantic Ave., Room 1S-124, Delray Beach, FL 33444 Monday to Friday, 8 a.m. to 4 p.m.

Convenient for landlords with rentals in Delray Beach, Boca Raton, Boynton Beach, and southern Palm Beach County. The Self-Service Center here offers free help preparing court forms by appointment. Staff can explain procedures but cannot give legal advice. Main Courthouse (West Palm Beach)

Clerk phone: (561) 355-2996

Clerk's eviction page: mypalmbeachclerk.com/departments/courts/county-civil-court/evictions

Your case is filed in the county where the rental property is located.

THE PALM BEACH COUNTY ENVELOPE CHECKLIST

Palm Beach asks for stamped envelopes at three points. Bring them each time.

1. When you file the complaint For each tenant: two legal-size (#10) envelopes addressed to the tenant, plus one legal-size envelope addressed to yourself. All need enough postage to mail the complaint, notice, lease, and summons.

2. When you file for default and final judgment One stamped legal-size envelope for each tenant, plus one addressed to yourself.

3. When you request the writ of possession One self-addressed stamped envelope so you receive a copy of the issued writ. Tip: Want the Clerk to send your summons to the Sheriff for service? Include the Sheriff's service fee and indicate that you want the documents sent to the Palm Beach County Sheriff's Office.

Step-by-Step Eviction Process

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 online, by mail, or at any Clerk courthouse location. Include the complaint, summons, a copy of the 3-day notice, a copy of the lease if you have one, the filing fee, and your envelopes from checkpoint

For the most current filing requirements, visit the Palm Beach 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. For each tenant, provide two legal-size (#10) envelopes addressed to the tenant and one legal-size envelope addressed to yourself, all with sufficient postage, to mail copies of the complaint, notice, lease and summons. When filing motions for default and final judgment, submit one stamped legal-size envelope for each tenant and one addressed to yourself. If you request a writ of possession, include a self-addressed stamped envelope to receive a copy of the issued writ. 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. For writ of possession service, contact the Palm Beach County Sheriff's Office Court Services Division at (561) 355-2763. The sheriff's headquarters is located at 3228 Gun Club Road, West Palm Beach, FL 33406; phone (561) 688-3000. Include the $90 fee when submitting the writ.

Once the writ is posted, the tenant has 24 hours to vacate. If they do not leave, the Palm Beach County 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.

Common Mistakes That Get Palm Beach Evictions Dismissed

Showing up without all your envelopes. Palm Beach needs them at filing, at default, and at the writ stage.

Accepting partial rent after serving the 3-day notice. Taking any payment may void the notice, meaning you'd have to serve a new one and start over.

Forgetting the Sheriff's fee. If you want the Clerk to send your summons to the Sheriff, the service fee has to come with your filing.

Counting weekends in the 3-day notice. Only business days count, so a notice served on Thursday doesn't expire on Sunday.

Assuming the tenant is gone. Even if the unit looks empty, having the Sheriff execute the writ officially ends the tenant's right to the property.

Frequently Asked Questions:

Q: How long does an eviction take in Palm Beach County, Florida?

A: An uncontested eviction typically takes 4 to 5 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 Palm Beach County, FL?

A: File your eviction at the Palm Beach County Clerk & Comptroller, 301 N. Olive Ave., Ninth Floor, West Palm Beach, FL 33401; phone (561) 355-2996. Office hours Monday through Friday, 8 AM to 5 PM.

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 Palm Beach 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 Palm Beach 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 Palm Beach County, FL?

A: The writ is delivered to the BCSO Civil Process Section. Once it is posted on the property, the tenant has 24 hours to vacate. If they do not leave, the sheriff will authorize you to remove belongings and change the locks.

Q: Does a tenant in Palm Beach 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 Palm Beach 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.

More Eviction Process Guides

Select your county below for detailed, step-by-step eviction procedures.