FORM 80
AFFIDAVIT OF DAMAGES
The Tenant will have five days, after service, to file a written response to a Complaint for eviction, and 20 days,
after service, to file a written response to a complaint for back rent and damages. If the Tenant fails to file a written
response in that time the Landlord is entitled to a judgment by default.
Obtaining the judgment is a two-step process. First, a Clerk's default should be obtained by delivering to the Clerk
of the Court an executed Motion-for Clerk's Default. Form 76 should be used to obtain a Clerk's default when the
Tenant has failed to respond to an eviction complaint and Form 77 should be used to obtain a Clerk's default when
the Tenant has failed to respond to a complaint for back rent and damages. In order to be entitled to a default, Form
81, Nonmilitary Affidavit, must be filed with the Clerk.
Second, based on the Clerk's default, a default final judgment should be obtained from the judge handling the case.
The default final judgment is obtained by delivering to the Court a Motion for Default Final judgment-Residential
Eviction (Form 78) and/or a Motion for Default Final judgment - Damages (Residential Eviction) (Form 79) with an
Affidavit of Damages (Form 80). If the Landlord is seeking a Default Final judgment - Damages (Residential
Eviction), a copy of the motion and affidavit must be served on the Defendant. The forms provide a certificate of
service to be completed establishing proper service of the motion and affidavit.
FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT COMPLETELY
DESCRIBE REQUIREMENTS OF FLORIDA LAW. YOU SHOULD CONSULT AN ATTORNEY AS
NEEDED.
IN THE COUNTY COURT, IN AND FOR
__________________ COUNTY, FLORIDA
[insert county in which rental property is located]
___________________________________
[insert name of Landlord]
Plaintiff,
vs.
___________________________________
[insert name of Tenant]
Defendant.
/
CASE NO. _________________________
[insert case number assigned
by Clerk of the Court]
AFFIDAVIT OF DAMAGES
STATE OF FLORIDA )
COUNTY OF )
BEFORE ME, the undersigned authority, personally appeared ______________________ [name] who
being first duly sworn, states as follows:
1. I am ____ the Plaintiff or ____ the Plaintiff's agent (check appropriate response) in this case and
am authorized to make this affidavit.
2. This affidavit is based on my own personal knowledge.
3. Defendant has possession of the property which is the subject of this eviction under an agreement
to pay rent of $ ______________ [rental amount] per __________________________ [week, month, or other
payment period].
4. Defendant has not paid the rent due since ______________________ [date of payment Tenant has
failed to make].
5. Defendant owes Plaintiff $ __________________ [past due rent amount] as alleged in the
Complaint plus interest.
6. Defendant owes Plaintiff $___________________ [amount of other damages] as alleged in the
Complaint plus interest.
_____________________________________
Name: _______________________________
Sworn and subscribed before me on _______________________ [date], by
__________________________ (name), who _____ is personally known to me/ ______ produced
________________________ [document] as identification and who took an oath.
____________________________________
NOTARY PUBLIC-STATE OF FLORIDA
Name: ______________________________
Commission No. ______________________
My Commission Expires: _______________
I CERTIFY that I ____ mailed, ____ faxed and mailed, or ____ hand delivered a copy of this motion and
attached affidavit to the Defendant at
_____________________________________________________________________________________________
_______________________ [insert address at which Tenant was served and fax number if sent by fax].
Approved for use under rule 10-2.1(a) of
the Rules Regulating The Florida Bar
The Florida Bar 2010
This form was completed
with the assistance of:
Name:
Address:
Telephone Number: