Evictions and landlord tenant court — Sebastian, Florida

An eviction from a Sebastian rental is a County Court case in Indian River County, filed through the Clerk of the Circuit Court and Comptroller in Vero Beach.

Florida law fixes the venue. Under section 83.59 of the Florida Statutes, a landlord seeking removal of a tenant shall file in the county court of the county where the premises are situated, so a Sebastian rental case goes to the Indian River County Court. The same statute gives the landlord the summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar.

The paperwork is handled by the County Civil Department of the Indian River County Clerk. The County Civil page says the department maintains the records for eviction law suits, small claims and other civil law suits less than $50,000. Its Civil Department sits at 2000 16th Avenue, Room 158, Vero Beach, inside the Indian River County Courthouse, phone (772) 226-3100 (Indian River County Clerk).

Closer to home, the Clerk keeps a North County Annex for Sebastian residents. The Clerk contact page lists the Sebastian Office at 1921 U.S. Highway 1, Sebastian, FL 32958, open Monday, Wednesday, Friday 8:30 am to 5 pm, phone (772) 226-1147.

One limit on who may act is written into the statute. A landlord’s agent is not permitted to take any action other than the initial filing of the complaint, unless the landlord’s agent is an attorney (s. 83.59). A Sebastian property manager acting as agent may file the complaint but may take no further action unless the manager is an attorney.

Before a Sebastian landlord can file for nonpayment, Florida law requires a written 3-day notice demanding the rent or possession, with weekends and court holidays not counted.

The rule is in s. 83.56(3): if the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand, the landlord may terminate the rental agreement. Legal holidays for the purpose of this section shall be court-observed holidays only, so a notice delivered to a Sebastian tenant on a Thursday before a Monday court holiday runs into the following week. The statute prints the wording the notice must substantially follow, including the address of the leased premises and the county, which for a Sebastian rental is Indian River County.

Problems at a Sebastian rental other than rent use a 7-day notice under the same section. For noncompliance that can be corrected, such as unauthorized pets, guests or vehicles, the notice gives the tenant 7 days to fix it; for noncompliance of a more serious kind, the tenant shall have 7 days from the date that the notice is delivered to vacate (s. 83.56(2)).

Delivery to a Sebastian tenant is regulated too. Under s. 83.56(4), notices are delivered by mailing, delivering a true copy, e-mailing in accordance with s. 83.505, or, if the tenant is absent from the premises, by leaving a copy at the residence, and the notice requirements may not be waived in the rental agreement. Accepting partial rent after posting a nonpayment notice triggers extra steps: a dated receipt, placing the partial rent in the court registry at filing, or a new 3-day notice.

The Indian River County Clerk does not sell or supply these notices. Its eviction page states that notice forms are not provided by the Clerk’s Office; they may be found in the Law Library, adjacent to the Courthouse on the second floor of the public Library in Vero Beach. The Florida Bar posts statewide landlord tenant forms, including Form 1, the notice for failure to pay rent, and Form 11, the writ of possession.

Ending a lease with no fixed term is a separate matter from eviction. Under s. 83.57, a month-to-month tenancy ends with not less than 30 days’ notice prior to the end of any monthly period; week-to-week takes 7 days, quarter-to-quarter 30 days and year-to-year 60 days. The section was last amended by ch. 2023-314, according to its history note, and applies to Sebastian leases the same as anywhere in Indian River County.

The Indian River County Clerk charges $185 to file an eviction for possession only and $300 when the Sebastian landlord also seeks damages, plus $10 for each summons.

The Clerk figures come from the Indian River County Clerk fee schedule, which lists Removal of Tenant Action (Eviction) at 185.00 and Removal of Tenant Action (Eviction with Damages) at 300.00 under County Court civil fees, and Summons Per Defendant at 10.00. A Sebastian case naming two tenants as defendants therefore carries two summons fees.

Service on a Sebastian tenant is a separate charge. State law sets sheriff fees in civil cases at $40 for each summons or writ to be served (s. 30.231), and the Clerk eviction page notes that the sheriff or a process server serves the tenant. The Clerk also lists an Application for Civil Indigency on its County Civil page among its forms.

The Indian River County Clerk describes three complaint types: one for possession of the property only, one for possession plus past due rent, and one for eviction for other than failure to pay rent (Clerk). When rent and damages are claimed, an additional summons is issued requiring an answer on the damages.

A Sebastian tenant served with an eviction summons has 5 days, not counting weekends and legal holidays, to answer and pay the disputed rent into the Indian River County court registry.

The Indian River County Clerk states that the summons will direct the defendant to answer and deposit the amount in dispute into The Registry of the Court within 5 days after service of the summons and complaint. Only cash or cashier’s checks will be accepted as payment of rent at the Clerk.

The statute behind the Indian River County deadline is s. 83.60(2). If the tenant raises any defense other than payment, including a defective 3-day notice, the accrued rent and the rent that comes due during the case go into the registry. Failing to pay the rent into the registry or to file a motion to determine rent within 5 days, excluding Saturdays, Sundays, and legal holidays, is an absolute waiver of defenses other than payment, and the landlord is entitled to an immediate default judgment with a writ of possession to issue without further notice or hearing. A tenant who disputes the amount may instead file a motion to determine rent, with documentation. Public housing tenants or tenants receiving rent subsidies deposit only their own share of the rent.

The Indian River County Clerk summarizes the outcome plainly: failure to pay and/or answer may result in a judicial order for eviction without further notice. If an answer is filed and rent deposited, a court date may be set, and if the case proceeds to a hearing, the Judge will hear testimony from both parties and render a decision (Clerk). The Florida Bar forms list includes Form 1.947(b), Answer, Residential Eviction, effective July 1, 2024 (Florida Bar).

After a judgment for the landlord, the Indian River County Clerk issues a writ of possession and the Sheriff’s Office posts it at the Sebastian rental, giving 24 hours before removal.

Under s. 83.62, after entry of judgment in favor of the landlord, the clerk shall issue a writ to the sheriff commanding the sheriff to put the landlord in possession after 24 hours’ notice conspicuously posted on the premises, and Saturdays, Sundays, and legal holidays do not stay the 24-hour notice period. The Indian River County Clerk adds that a tenant may not be removed without a court order, that the Judge may also allow the tenant additional time to move, and that for a tenant-owned mobile home governed by Florida Statute 723 the writ will not be issued for 10 days.

Because state law directs the writ to the sheriff, the Indian River County Sheriff’s Office executes it at Sebastian addresses. Its Writs and Levies page says the writ will be posted at the property in a reasonable amount of time and the eviction will be completed any time after a 24 hour waiting period after the posting. Only the persons listed on the writ will be removed from the premises. A representative from the owner/landlord must be present when the eviction is being performed and must provide access, such as keys, a locksmith or an open door. Questions go to the Sheriff’s Civil Process Unit at the courthouse, 772-226-3190.

Belongings left in a Sebastian unit are handled under the same statute. At or after execution of the writ, the landlord may remove any personal property found on the premises to or near the property line, and may ask the sheriff to stand by to keep the peace while locks are changed, at a reasonable hourly rate set by the sheriff (s. 83.62(2)).

Self-help removal of a Sebastian tenant is barred outside this process. Section 83.67 forbids a landlord from cutting off utility service such as water, electricity or garbage collection and from changing the locks or using any bootlock to keep the tenant out.

The Indian River County Clerk runs an Access to Justice Self-Help Center that assists Sebastian landlords and tenants with residential evictions, forms and cost-effective attorney consultations.

The Self-Help Center page lists Family Law, Small Claims and Residential Evictions as its subjects and says visitors can schedule cost-effective attorney consultations, learn about court process and procedure, connect to community resources, and purchase and fill out the forms they need. The Clerk also posts self-represented litigant videos on filing a new case in the portal (Clerk eviction page).

The Florida Bar’s landlord tenant forms page groups the statewide eviction forms in one place, from the landlord’s nonpayment notice and complaints to the summons, final judgment and writ of possession. The Clerk’s eviction page links the same Florida Bar consumer information along with chapter 83 and chapter 723 of the Florida Statutes for Indian River County users.

This page describes procedure and fees only and is not legal advice. Last verified: October 11, 2026, on the Indian River County Clerk of the Circuit Court and Comptroller website.