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Eviction in Brevard County (Melbourne), Florida

Where eviction cases are filed in Brevard County (Melbourne), what it costs, local rent levels and where to get help — with the official court, county and HUD sources.

Quick facts: eviction in Brevard County (Melbourne)

Eviction court
County Court in and for Brevard County (18th Judicial Circuit) — Brevard County Clerk of the Circuit Court & Comptroller — County Court (civil) Court page
Filing fee
$185 removal of tenant; $10 per summons issued Brevard Clerk, Schedule of Fees Reference Chart (County Civil)
Notice before filing (state law)
3-day written notice to pay or vacate, excluding Saturdays, Sundays, and court-observed legal holidays, substantially in the statutory form. Florida rules
HUD Fair Market Rent, 2-bedroom (FY2026)
$1,709/month HUD
Renter households
60,086 (23% of households) Census ACS 2020–2024

Last verified against official sources: 2026-10-23

Where eviction cases are filed in Brevard County (Melbourne)

Eviction cases in Brevard County (Melbourne) are heard by the County Court in and for Brevard County (18th Judicial Circuit) — Brevard County Clerk of the Circuit Court & Comptroller (County Court (civil)).

The Clerk provides eviction and unlawful-detainer form packets on its Evictions page. All eviction actions require an affidavit of military service before the Clerk can enter a default. If the case settles after filing, the landlord must file the forms to dismiss it. The Clerk cannot give legal advice; Florida Bar Lawyer Referral Service: 1-800-342-8011.

How much it costs to file an eviction in Brevard County (Melbourne)

$185 removal of tenant; $10 per summons issued

Fee chart linked from the Clerk's Fees and Charges page (https://www.brevardclerk.us/pay-online/fees-and-charges/). Sheriff service of the summons and writ is charged separately. Sheriff service fee per Fla. Stat. § 30.231(1)(a): http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0030/Sections/0030.231.html

Source: Brevard Clerk, Schedule of Fees Reference Chart (County Civil)

The Florida eviction process

Florida state law sets the notice periods and court steps everywhere in the state, including Brevard County (Melbourne):

  1. 3-day notice to pay or vacate (nonpayment) or 7-day notice (lease violations) or 30-day notice (month-to-month)
  2. Landlord files complaint for possession in county court; tenant served with summons
  3. Tenant files a written answer within 5 days after service and, for any defense other than payment, deposits the alleged rent into the court registry
  4. If tenant fails to answer or deposit rent, default judgment and immediate writ of possession; otherwise hearing
  5. Judgment for possession; clerk issues writ of possession
  6. Sheriff posts 24-hour notice (weekends/holidays do not extend it), then puts landlord in possession; landlord may remove property to the property line

Full Florida eviction rules with sources →

Rent in Brevard County (Melbourne)

HUD FY2026 Fair Market Rents for the Palm Bay-Melbourne-Titusville, FL MSA (the rent levels used for Section 8 vouchers):

Studio$1,266
1 bedroom$1,478
2 bedrooms$1,709
3 bedrooms$2,330
4 bedrooms$2,645

Source: HUD Fair Market Rent documentation

Median gross rent in Brevard County (Melbourne): $1,556/month (Census ACS 2020–2024 5-year estimates).

HUD designates this area for Small Area FMRs: Housing Choice Voucher programs here use ZIP-code-level FMRs; the figures shown are the metro-wide FMRs HUD lists for other programs.

County tenant ordinance

Florida Statutes § 83.425 (ch. 2023-314, Laws of Fla.) preempts to the state the regulation of residential tenancies and the landlord-tenant relationship, so county landlord-tenant ordinances do not apply.

Other Florida counties

Related

Frequently asked questions

Where do I file an eviction in Brevard County (Melbourne)?
Eviction cases in Brevard County (Melbourne) are filed with the County Court in and for Brevard County (18th Judicial Circuit) — Brevard County Clerk of the Circuit Court & Comptroller.
How much does it cost to file an eviction in Brevard County (Melbourne)?
$185 removal of tenant; $10 per summons issued.
What is the fair market rent in Brevard County (Melbourne)?
HUD's FY2026 Fair Market Rent for a 2-bedroom unit is $1,709 per month (1-bedroom: $1,478).

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.