Increment In Eviction Filing Fees By Legislation

By Author: AnneAskew
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While this article is specific to the state of Florida, it is relevant to all states. Landlords must always keep current on the many laws that affect rental property operations. Actions that create additional income for governments everywhere should be expected, as local, state, and federal budgets are significantly affected by the current economic downturn.

Florida legislation, CS/SB 1790, increased more than 140 court-related fees effective July 1, 2008. Of particular concern to Florida landlords is the dramatic increase in eviction filing costs. The filing fee for a county court eviction increased from $80 to $270, a 238% increase.

The fee increases are an effort by the Florida Legislature to ease the state's budget shortfalls. It is hoped that the increased filing fees will generate an estimated $121 million for the general revenue fund.

Court fees had not been adjusted since 2004 when a revision of Article V of the Florida Constitution made fees uniform for all of Florida's 67 counties.

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The increase in filing fees could present a burden to some landlords who may be facing increased rent delinquencies as many tenants struggle to meet rising costs of food, fuel, and utilities. On the average, landlords suffer three months of lost income before the eviction process is complete and possession of the rental unit is returned to the landlord. Some of this expense may stem from the landlord's reluctance to initiate legal proceedings in a timely manner, hoping that the tenant can find a way to get caught up. The increase in filing fees will add to the landlord's burden.

Besides the $270 eviction filing fee, there is a $10 fee to issue each Summons and an additional $20 fee per defendant for the Sheriff to serve the Complaint and Summons. In addition, if the landlord wins his case and a final judgment is ordered, there is a $70 fee for the Sheriff to serve a Writ of Possession.

While there was previously no fee assessed for filing a counter-claim, there is now a $295 filing fee. Accordingly, a defendant who wishes to counter-sue a plaintiff must now pay a little more in filing fees than the plaintiff to assert a claim against the plaintiff in the same lawsuit.

These fee increases may work either for or against landlords. While it will cost the landlord more to evict, the new significant fee for filing counter-suits may mean that most tenants will only defend against the eviction rather than also make other counter-claims against the landlord.

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