Evictions and Landlord Tenant Court — Indian River County, Florida

Every residential eviction in Indian River County, whether the rental is in Vero Beach, Sebastian, Fellsmere or an unincorporated area, is filed in County Court through the Clerk of the Circuit Court and Comptroller at the courthouse on 16th Avenue.

State law fixes the venue: the complaint goes to the county court of the county where the premises are situated, and the landlord gets the summary procedure of s. 51.011, with the court directed to advance the case on its calendar (s. 83.59). For the county, that means the Indian River County Courthouse at 2000 16th Avenue, Vero Beach, where the Clerk lists its Civil Department in Room 158, phone (772) 226-3100 (Clerk evictions page). The County Civil Department keeps the records for eviction suits along with small claims and other civil suits under $50,000 (Clerk County Civil).

North county landlords and tenants have a nearer counter. The Clerk lists a North County Annex, the Sebastian Office at 1921 U.S. Highway 1, open Monday, Wednesday and Friday from 8:30 am to 5 pm, phone (772) 226-1147 (Clerk contact page). The case records themselves are kept by the Civil Department at the Vero Beach courthouse.

A property manager has limited standing. Under s. 83.59, an agent who is not an attorney may file the initial complaint for a landlord in Vero Beach or Sebastian but may take no other step in the case, so hearings and later motions fall to the owner or a lawyer.

For unpaid rent, a landlord in Vero Beach, Sebastian or anywhere else in the county first delivers a written demand giving the tenant 3 days, not counting Saturdays, Sundays or court-observed holidays, to pay or leave.

Section 83.56(3) lets the landlord end the lease only after that 3-day default, and it prints the form the notice should substantially follow, which calls for the address of the leased premises, county included (s. 83.56). In this county the notice names Indian River County, whether the unit is a Gifford duplex or a condominium on the barrier island near Orchid.

The Clerk does not hand out the paperwork. Its eviction page says notice forms are not provided by the Clerk's Office but can be obtained at most office supply stores, or in the Law Library next to the Vero Beach courthouse on the second floor of the public library, or through the Florida Bar consumer link (Clerk evictions page). The page describes this first document as a Notice to Pay or Vacate, signaling that a suit will follow if the back rent is not paid or the unit is not surrendered.

As of October 12, 2026, the Indian River County Clerk charges $185 to file for possession and $300 when damages are added, the Sheriff's Office charges $40 per summons served, and a writ of possession costs $90 to serve.

The filing and summons figures come from the County Court civil section of the Clerk fee schedule, which also lists a 3.5% charge on credit and debit card payments (Clerk fee schedule). The Sheriff's Office at 4055 41st Avenue, Vero Beach, sets service at $40.00 for each summons, subpoena, order or writ under s. 30.231, adds $50 for enforceable writs including writs of possession, and states that all Sheriff's fees are nonrefundable (Sheriff fees). For a possession-only case against one tenant served by the Sheriff, the public costs add up to $325 ($185 filing + $10 summons + $40 service + $90 writ), before any attorney or process server charges.

Parties in Fellsmere, Gifford or Vero Beach who cannot pay court costs can look at the Application for Civil Indigency, which the Clerk posts among its County Civil forms (Clerk County Civil).

A tenant sued at the Vero Beach courthouse has 5 days after service, excluding weekends and legal holidays, to answer and deposit the disputed rent into the court registry, and the Clerk of the Circuit Court accepts only cash or cashier's checks for that rent.

The Clerk describes three complaint forms: possession only, possession plus past due rent, and eviction for a reason other than unpaid rent; when damages are sought, a second summons requires a separate answer on them (Clerk evictions page). After service by the Sheriff or a process server, the summons tells the tenant to answer and pay the amount in dispute into the Registry of the Court.

Missing that deadline usually ends the case in Vero Beach County Court. Florida's s. 83.60(2) makes any tenant who raises a defense besides payment put the rent claimed into the registry, along with rent that accrues while the case is pending, when due. A tenant who neither deposits nor moves the court to set the amount within 5 days has made an absolute waiver of defenses other than payment, and default judgment follows with the writ issued with no hearing (s. 83.60). Tenants in subsidized units deposit only their own share of the rent. If an answer and deposit are filed in Indian River County Court, a hearing date may be set, and the judge hears both sides before ruling (Indian River County Clerk).

After a judgment for the landlord, the Clerk issues a writ of possession and the Indian River County Sheriff's Office posts it at the unit, completing the removal any time after a 24-hour wait.

Florida's s. 83.62 has the Clerk of the Circuit Court send the writ to the sheriff, who conspicuously posts a 24-hour notice at the unit; Saturdays, Sundays and legal holidays do not pause that period (s. 83.62). Two exceptions on the Clerk of the Circuit Court page stretch the clock: the judge can give a tenant extra time, and for a mobile home the tenant owns on a rented lot under Chapter 723, the writ will not be issued for 10 days (Clerk evictions page). That rule applies to Chapter 723 lot tenancies anywhere in the county, from Roseland and Sebastian south to Vero Beach.

On lockout day the Sheriff's own rules apply (Sheriff writs and levies). Deputies take out only the people named on the writ. Someone for the owner has to be there with a way in, whether keys, a locksmith or an unlocked door; without it the Sheriff's deputies stay outside. Once deputies clear the rooms, the landlord may go in and change the locks, and leftover tenant belongings are set at the property line at once. The Civil Process Unit, which works from the Vero Beach courthouse, answers questions at 772-226-3190.

The Clerk's Access to Justice Self-Help Center at the Vero Beach courthouse handles residential evictions, with remote legal kiosks at the Up Center on 27th Street, the Sebastian Office and Fellsmere City Hall.

Its listed subjects are Family Law, Small Claims and Residential Evictions, and people there can book cost-effective attorney consultations, buy and complete forms, and prepare filings (Self-Help Center). It is open at 2000 16th Avenue Monday through Friday from 8:30 to 4:30, closed 1:00 to 2:00, phone 772-226-3162. The Clerk notes that staff and attorneys there are not acting as anyone's lawyer.

Outside Vero Beach's courthouse, the Clerk lists a kiosk at the Up Center, 1400 27th Street, on Thursdays from 9:00 to 5:00; a kiosk and Friday paralegal assistance at the Sebastian Office, 1921 U.S. 1; and a kiosk at Fellsmere City Hall, 22 S. Orange St. (Self-Help Center). For Fellsmere and Roseland residents, that puts eviction paperwork help well west and north of the courthouse.

This page explains Indian River County court procedure and fees and is not legal advice. Fees and procedures were checked October 12, 2026, against the websites of the Indian River County Clerk of the Circuit Court and Comptroller and the Sheriff's Office.