Eviction in Clay County: A Landlord’s Guide to Selling Without the Stress

If you are a landlord in Clay County dealing with a non-paying tenant, a squatter, or a lease violation, you know the frustration firsthand. Whether your property is in Orange Park, Middleburg, or Green Cove Springs, a bad tenant can turn a profitable investment into a financial nightmare.

In Clay County, the eviction process is handled by the Clerk of the Circuit Court and enforced by the Sheriff. While Florida laws protect landlords, one paperwork error can cause the judge to dismiss your case, forcing you to restart the timeline while losing even more rent.

This guide is designed to help landlords in Green Cove Springs, Fleming Island, and Oakleaf understand the eviction timeline and how to sell your rental property with the tenant in place to stop the bleeding immediately.

The Clay County Eviction Timeline (The “Hard Way”)

Evictions in Florida are governed by Chapter 83 of the Florida Statutes. In Clay County, you must follow these steps precisely to legally remove a tenant.

Step 1: The Proper Notice Before filing a lawsuit, you must serve the tenant a formal warning:

  • 3-Day Notice: For failure to pay rent (excludes weekends and legal holidays).
  • 7-Day Notice: For lease violations (damage, unauthorized pets, etc.).
  • 30-Day Notice: To terminate a month-to-month tenancy. (Note: This increased from 15 days to 30 days under recent Florida law updates).

2026 Update – Email Notices: As of recently, Florida law now allows you to send eviction notices via email if you and the tenant agreed to this in writing in the lease.

Step 2: Filing the Complaint If the tenant does not leave or pay, you must file a “Complaint for Eviction” with the Clay County Clerk of Court.

  • Where: The Clay County Courthouse (825 North Orange Avenue, Green Cove Springs) or the Orange Park Branch (1590 Park Avenue).
  • The Cost: The filing fee is approximately $185.00, plus $10.00 per summons.

Step 3: Service & Judgment The Sheriff or a private process server must serve the summons to the tenant.

  • Service Fee: The Clay County Sheriff charges $40.00 per defendant to serve the summons.
  • The Clock: The tenant has 5 business days to respond. If they fail to respond, you can file for a “Default Judgment.” If they fight the eviction and deposit rent into the Court Registry, a hearing will be scheduled before a judge.

Step 4: The Writ of Possession Once you win the final judgment, the Clerk issues a “Writ of Possession.” This is the only document that authorizes physical removal.

  • Sheriff’s Fee: You must pay $90.00 to the Clay County Sheriff’s Office to execute this writ.
  • The Lockout: The Sheriff posts a 24-hour warning on the door. If the tenant is not gone when they return, the Sheriff will physically remove them so you can change the locks.

The Hidden Costs of Eviction

Evicting a tenant in Clay County is expensive.

  • Lost Rent: The average contested eviction takes 4-6 weeks. If you own a rental in Fleming Island or Oakleaf Plantation, that could mean $2,500 – $5,000+ in lost income.
  • Property Damage: Angry tenants often leave the property in shambles—leaving behind trash, damaging drywall, or stealing appliances.
  • Legal Fees: Between filing fees ($185+), Sheriff fees ($130+), and attorney costs, you can easily spend thousands just to get your keys back.

Your Options: Evict or Sell?

Option 1: Finish the Eviction (Keep the Stress) You continue paying the mortgage, taxes, and insurance while receiving zero rent. You navigate the court system in Green Cove Springs and hope the property isn’t destroyed when you finally get it back.

Option 2: Sell With the Tenant In Place (Walk Away) You can sell the property today, regardless of the tenant situation.

We Buy Clay County Rental Properties.

  • We Buy the Lease: We inherit the “bad” tenant. You don’t need to evict them.
  • We Buy As-Is: If the tenant trashed the unit, we don’t care. We buy it in current condition.
  • Cash Closing: We can close in as little as 10-14 days, putting cash in your pocket and ending your landlord liability instantly.

Important Contact Information

  • Clay County Clerk of Court & Comptroller (Tara S. Green)
    • Address: 825 North Orange Avenue, Green Cove Springs, FL 32043.
    • Orange Park Branch: 1590 Park Avenue, Orange Park, FL 32073.
    • Phone: (904) 284-6302.
    • Website: clayclerk.com
  • Clay County Sheriff’s Office (Civil Process)
    • Address: 901 N. Orange Ave, Green Cove Springs, FL 32043.
    • Phone: (904) 264-6512.

Ready To Sell Your Property?

Don’t Let a Bad Tenant Bankrupt You. If you are tired of chasing rent, dealing with squatters, or navigating the Duval County court system, we can help. Fill out the form below for a fair cash offer on your rental property.

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Disclaimer: Consistent Homebuyers is a real estate investment firm, not a law firm or financial institution. We do not provide legal or tax advice. We recommend all clients consult with their own legal counsel regarding estate matters.