LANDLORD TENANT FORMS INSTRUCTIONS

LANDLORD

TENANT

FORMS

INSTRUCTIONS

March

1, 2015

$11.10

Revised October 21, 2019

TABLE OF CONTENTS

Page

Notice of Additional Requirement – Service of Process in Action for Possession

of Premises………………………………………………………………………… 1

Landlord Tenant Fees and Copies………………………………………………… 3

Landlord Tenant Forms ─Instructions…………………………………………….. 4

Form 1 – Three Day Notice – Termination for Failure to Pay Rent....................... 6

Form 2 – Seven Day Notice With Cure – Notice of Noncompliance for

Matters Other than Failure to Pay Rent………………………………….. 9

Form 2A- Seven day Notice Without Cure – Termination for Noncompliance Other

than Failure to Pay Rent – Without a Chance to Cure …………………… 12

Form 24 Fifteen Day Notice of Possession to Premises……………… ……………. 15

Form 3 – Notice from Tenant to Landlord – Termination for Failure of Landlord

to Maintain Premises as Required by F. S. 83.51(1) or Material

Provisions of the Rental Agreement……………………………………... 18

Form 4 – Notice from Tenant to Landlord – Withholding Rent for Failure of

Landlord to Maintain Premises as Required by F. S. 83.51(1) or

Material Provisions of the Rental Agreement……………………………. 21

Form 5 – Complaint for Landlord to Evict Tenant(s)………………………………. 23

Form 5a- Complaint for Landlord to Evict Tenant(s) for Failure to Pay Rent and to

Recover Past Due Rent……………………………………………………. 26

Form 6 – Complaint for Landlord to Evict Tenant(s) for Failure to Comply with

Rental Agreement (Other than Failure to Pay Rent)…………………….… 30

Form 76 - Motion for Clerk’s Default – Residential Eviction……………………….. 33

Form 77 - Motion for Default – Damages (Residential Eviction)

…………………… 36

Form 78 - Motion for Default Final Judgment – (Residential Eviction)…………….. 39

Form 79 - Motion for Default Final Judgment – Damages (Residential

Eviction…………………………………………………………………... 42

Form 9 – Final Judgment – Damages………………………………………………... 45

Form 66 - Final Judgment – Eviction……………………………………………….... 47

Form 11 - Writ of Posession .................................................................................. 49

Form 12 - Notice of Intent to Impose Claim on Security Deposit…………………… 51

Form 80 - Affidavit of Damages…………………………………………………….. 53

Form 81 - Nonmilitary Affidavit…………………………………………………….. 56

Form 21 – Motion and Order to Disburse Funds from Registry of the Court……...… 59

Form 22 – Notice of Voluntary Dismissal……………………………………………. 62

Form 26 – Permission to Use E-Mail…………………………………………………. 64

Notice: Additional Requirement

Se

rvice of Process in Action for Possession of Premises

In an action for possession of any residential premises Section 48.183, Florida

Statutes, imposes an additional requirement if a landlord causes or anticipates

causing a defendant to be served with a summons and complaint solely by having

the Sheriff post the summons and complaint at the property.

The

refore, if the landlord anticipates or is informed by the Sheriff that the

defendant cannot be served in person, the landlord must provide the Clerk of

the Court with an additional copy of the complaint (and attachments) and a

pre-stamped envelope addressed to the defendant at the premises involved in

the proceeding.

At l

east five days must elapse after the Clerk mails the copy of the summons and

complaint to the defendant before a default can be requested and a Final Judgment

Removal of Tenant can be prepared.

48.183. Service of process in action for possession of premises

(1) In an action for possession of any residential premises, including those

under chapters 83, 723, and 513, or nonresidential premises, if the tenant

cannot be found in the county or there is no person 15 years of age or

older residing at the tenant’s usual place of abode in the county after at

least two attempts to obtain service as provided above in this subsection,

summons may be served by attaching a copy to a conspicuous place on

the property described in the complaint or summons. The minimum time

delay between the two attempts to obtain service shall be 6 hours.

Nothing herein shall be construed as prohibiting service of process on a

tenant as is other provided on defendants in civil cases.

(2) If a landlord causes or anticipates causing a defendant to be served

with a summons and complaint solely by attaching them to some

conspicuous place on the property described in the complaint or

summons, the landlord shall provide the clerk of the court with an

additional copy of the complaint and a prestamped envelope addressed to

the defendant at the premises involved in the proceedings. The clerk of

the court shall immediately mail the copy of the summons and complaint

by first-class mail, note the fact of mailing in the docket, and file a

certificate in the court file of the fact and date of mailing. Service shall be

effective on the date of posting or mailing, whichever occurs later, and at

least 5 days must elapse from the date of service before a judgment for

final removal of the defendant may be entered.

1

83.22 Removal of Tenant; service─

(2) If a landlord causes, or anticipates causing a defendant to be served

with a summons and complaint solely by attached them to some

conspicuous part of the premises involved in the proceeding, the landlord

shall provide the clerk of the court with two additional copies of the

complaint and two prestamped envelopes addressed to the defendant.

One envelope shall be addressed to such address or location as has been

designated by the tenant for receipt of notice in a written lease or other

agreement, or, if none has been designated to the residence of the tenant,

if known. The second envelope shall be addressed to the last known

business address of the tenant. The clerk of the court shall immediately

mail the copies of the summons and complaint by first-class mail, note the

fact of mailing in the docket, and file a certificate in the court file of the

fact and date of mailing. Service shall be effective on the date of posting

or mailing, whichever occurs later; and at least 5 days from the date of

service must have elapsed before a judgment for final removal of the

defendant may be entered.

2

LANDLORD AND TENANT EVICTION

FOR RESIDENTIAL PROPERTY ONLY

NOTICE TO PARTIES WHO ARE NOT REPRESENTED BY AN

ATTORNEY

If you have questions or concerns about these forms, commentary, the use of the

forms, or your legal rights, it is strongly recommended that you talk to an attorney.

You may call the Florida Bar Lawyer Referral Service at 1-800-342-8011.

Be

cause the law does change, the forms and information about them may have

become outdated. You should be aware that changes may have taken place in the

law or court rules that would affect the accuracy of the forms or instructions.

FIL

ING FEE: $185.00 – County Court Landlord Tenant Actions

$400.00 - Circuit Court (if exceeds $15,000) Landlord Tenant

Actions

SUMMO

NS FEES: There is a $10.00 fee to issue any summons (including alias

and pluries) per defendant.

PROCE

SS SERVERS FEE: Please refer to the

list of approved process servers.

SHERIFF’S FEE: $40.00 per summons

COPIES REQUIRED: Originals for filing and one set of copies per defendant

for services and one set of copies along with preaddressed stamped envelopes per

defendant for certificate of mailing.

WRI

T OF POSSESSION FEE: $90.00 for the sheriff to serve the Writ of

Possession after the Final Judgment has been entered.

3

LANDLORD TENANT FORMS─INSTRUCTIONS

Dear Landlord or Tenant:

The attached forms are designed for use in the event of common

landlord/tenant disputes. They should be used only for residential leases. If you

have a commercial, agricultural, or personal property lease, you should consult

with an attorney. No form should be used until you have carefully reviewed and

understand the instructions preceding the form and reviewed by any referenced

Florida Statute.

The residential landlord/tenant relationship is controlled by the terms of your

lease and by Part II of Chapter 83

of the Florida Statutes. The procedures for

enforcing your rights under your lease and Part II of Chapter 83 are set forth in

section 51.011, Florida Statutes. You are advised to carefully review these statutes

before starting any legal proceeding concerning a residential lease. Copies of these

statutes are available at the Law Library and at your public library.

Before you can start a lawsuit to end a residential lease or withhold rental

payments, you must first give proper written notice. The form of the notice will

depend on the landlord’s or tenant’s reason for terminating the lease or

withholding rent. The following is listed the reasons for a landlord to terminate a

lease and evict a tenant.

1. The

tenant has not paid his rent on time.

2. The tenant has not complied with the requirements of the lease or has

violated Florida Statutes.

3. The tenant has violated his rental agreement for failure of tenant to

comply with its statutory obligations to maintain the dwelling unit or

material provisions of the rental agreement (other than failure to pay

rent).

4. The landlord needs possession and it is not for any of the above

reasons.

The

landlord will need to either, hand deliver, post, or mail any of the above

notices to the tenant in order to terminate the lease and evict the tenant for those

the reasons listed.

The

tenant must give notice to the landlord for one of two reasons. First, a

tenant will notify the landlord to end the lease when the landlord does not maintain

the property as required by the lease or Florida Statutes.

4

Second, the tenant may instead withhold rent payments. Forms 3 and 4

contain the notices which must be sen

t to the landlord in each of these

circumstances.

After sending the notice, it may be necessary to file a suit. The landlord

will, as a general rule, have a suit against the tenant not only to evict the tenant

(have the tenant removed from the property), but also for damages for unpaid rent.

Form 5A contains a complaint for both eviction and for damages for unpaid rent.

If the amount of damages exceeds $15,000, you should not use this form. If a

landlord wants to evict a tenant for breaches of the lease other than failure to pay

rent, the suit may be for eviction only. Form 6 contains the complaint to evict a

tenant for failure to comply with the lease for other than the payment of rent.

At the time the complaint is filed a landlord must ask the clerk of the court

to issue summonses. After the summons is issued, the landlord will deliver those

summonses to the sheriff or certified process server with a copy of the complaint,

and all attachments for service on the tenant.

Once the complaint has been served and the Clerk or the Court has entered a

default against the tenant, the landlord may request that a judgment be entered. For

eviction only, the landlord can request a default after five days, not counting the

date of service, weekends and holidays. If the tenant answers the complaint and

follows the instructions listed in the summons, the case will be set for a

hearing and parties will be notified of the hearing date. If the tenant files an

answer and does not comply with depositing rent money into the court

registry (if applicable), a Motion for Immediate Default may be filed. If the

landlord is requesting a judgment for rent and/or damages, a default cannot be

requested until 20 days after service on the defendant.

If the court rules that the landlord is entitled to evict the tenant and/

or recover damages for unpaid rent, the court will sign a judgment in the

landlord’s favor. The Clerk’s Office will prepare the Final Judgment for

Removal of Tenant and forward to the Judge for signature. Should a landlord

receive a final judgment for eviction and the tenant remains in the property, he/

she must ask the clerk of the court to execute a Writ of Possession . The Writ of

Possession should be delivered to the sheriff for service on the tenant after

execution by the clerk. The landlord usually may keep the security deposit to

apply against damage to the property cause by the tenant. The landlord’s

right to keep the security deposit is strictly limited by the Florida Statutes. To

keep the security deposit, the landlord must send a notice to the tenant. Form 12

provides you with the form for a Notice of Intent to Claim Security Deposit.

5

FORM 1 – NOTICE FROM LANDLORD TO TENANT – TERMINATION

FOR FAILURE TO PAY RENT

Thi

s notice may be delivered by mail or by delivering a copy to the dwelling unit,

or if the Tenant is absent from the dwelling unit, by leaving a copy thereof at the

dwelling unit.

If

the Tenant fails to pay rent when due and the default continues for three (3) days

(excluding Saturday, Sunday, and legal holidays) after delivery of written demand

by the Landlord for payment of the rent or possession of the premises, the

Landlord may terminate the rental agreement. This written demand is a

prerequisite to an action to evict the Tenant or recover past due rent. Your written

rental agreement may have allowed for a longer period than three days and should

be reviewed.

SOURCE: Section 83.56(3) and (4), Florida Statutes (2009)

FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY

NOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW.

YOU SHOULD CONSULT AN ATTORNEY AS NEEDED.

6

THREE DAY NOTICE

TERMINATION FOR FAILURE TO PAY RENT

To: __________________________________________________

Tenant’s Name

__________________________________________________

Address

__________________________________________________

City, State, Zip Code

From: __________________________________________________

Date: __________________________________________________

You are hereby notified that you are indebted to me in the sum of

$________ (insert amount owed by tenant) for the rent and use of the premises

located at __________________________________________________Florida,

[insert address of premises, including county]

now occupied by you and that I demand payment of the rent or possession of the

premises within three days (excluding Saturday, Sunday, and legal holidays) from

the date of delivery of this notice, to-wit: on or before the ______ day of _______,

20___ [insert the date which is three days from the delivery of this notice,

excluding the date of delivery, Saturday, Sunday, and legal holidays]. Add five

days if mailed. (The date above will be eight straight days, excluding the date

mailed).

________________________________________

Signature

________________________________________

Name of Landlord/Property Manager [circle one]

___________________________________________

Address [street address where Tenant can deliver rent]

___________________________________________

City, State, Zip Code

___________________________________________

Phone Number (including area code)

7

PROOF OF SERVICE

I, the undersigned, being at least 18 years of age, declare under penalty of perjury

that I served the Three Day Notice, of which this is a true copy, on the above

mentioned Tenant(s) in Possession in the manner indicated below:

___

__ On _________________20___, I handed the notice to the tenant.

___

_ I handed the Notice to a person of suitable age and discretion at the

tenant’s residence/business on ________________, 20____.

____

I posted the Notice in a conspicuous place at the Tenant’s residence

on _____________________, 20____.

___

_ I sent by mail a true copy of the Notice to the Tenant at his place of

residence on _______________, 20____.

Exe

cuted on _______________________ 20______.

____

_____________________________

Signature of Landlord/Property Manager

(Circle One)

This f

orm was completed with the assistance of:

Name:

Address:

Telephone Number:

Approved for use under rule

10-2.1(a) of the Rules Regulating the Florida Bar

The Florida Bar 2010 FORM 1

8

FORM 2 ── NOTICE FROM LANDLORD TO TENANT

NOTICE OF NON COMPLIANCE FOR MATTERS

OTHER THAN FAILURE TO PAY RENT

Violation of a rental agreement which may entitle the Landlord to send this Notice

include, the material failure of Tenant to comply with its statutory obligations to

maintain the dwelling unit under Florida Statute 83.52 or materials provisions of

the rental agreement (other than failure to pay rent), or reasonable rules and

regulations. For the notice necessary to terminate the rental agreement under

circumstances where the Tenant must be given the opportunity to remedy the

violation, see Florida Statutes 83.56(2)(b).

The delivery of this written notice may be by mailing or delivering a true copy of

the dwelling unit, or, if the tenant is absent from the dwelling unit, by leaving a

copy of the notice at the dwelling unit.

This written notice must be delivered, and the seven-day time period must run,

prior to any termination of the rental agreement or any law suit for eviction.

SOURCE: Sections 83.52 and 83.56, Florida Statutes (2009)

FORM NOTES ARE FOR INFORMATIONAL PURPOES ONLY AND MAY

NOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW.

YOU SHOULD CONSULT AN ATTORNEY AS NEEDED.

9

SEVEN DAY NOTICE WITH CURE

To: ___________________________________________

Tenant’s Name

___________________________________________

Address

___________________________________________

City, State, Zip Code

From: ____________________________________________

Date: ____________________________________________

You are hereby notified that you are not complying with your rental

agreement in that ____________________________________________________

__________________________________________________________________

[insert noncompliance, default or violation.] Demand is hereby made that you

remedy the noncompliance, default or violation within seven days of receipt of this

notice or your rental agreement shall be deemed terminated and you shall vacate

the premises upon such termination. If this same conduct or conduct of a similar

nature is repeated within twelve months, your tenancy is subject to termination

without you being given an opportunity to cure the noncompliance, default or

violation.

________________________________________

Signature

_______________________________________

Name of Landlord/Property Manager (circle one)

_______________________________________

Address

_______________________________________

City, State, Zip Code

_______________________________________

Phone Number (with area code)

10

PROOF OF SERVICE

I, the undersigned, being at least 18 years of age, declare under penalty of

perjury that I served the notice to pay rent or move, of which this is a true copy, on

the above mentioned tenant in possession in the manner(s) indicated below.

☐ On _______________, 20_____, I handed the notice to the tenant.

☐ I handed the notice to a person of suitable age and discretion at the tenant’s

residence/business on______________, 20_____.

☐ I posted the notice in a conspicuous place at the tenant’s residence on

______________, 20_______.

Executed on ___________________, 20_____, at ________ ☐ A.M. ☐ P.M.

______________________________

Signature

FORM 2

11

FORM 2A ── NOTICE FROM LANDLORD TO TENANT TERMINATION

FOR NONCOMPLIANCE OTHER THAN FAILURE TO PAY

RENT – WITHOUT A CHANCE TO CURE

Notice of noncompliance with the requirements of the lease or where the tenant has

violated Florida Statutes without a chance to cure. This form will be used if the

noncompliance is of a nature that the tenant should not be given an opportunity to

cure it or if the noncompliance constitutes a subsequent or continuing

noncompliance within 12 months of a written warning by the landlord of a similar

violation.

This notice may also be used with the Supreme Court Form 6 – Complaint for

Eviction for Failure to Comply with Lease (Other than Failure to Pay rent)

This written notice must be delivered, and the seven-day time period must run,

prior to any termination of the rental agreement or any law suit for eviction.

SOURCE: Sections 83.52 and 83.56, Florida Statutes (2009)

FORM NOTES ARE FOR INFORMATIONAL PURPOES ONLY AND MAY

NOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW.

YOU SHOULD CONSULT AN ATTORNEY AS NEEDED.

12

SEVEN DAY NOTICE – DEMAND FOR POSSESSION

WITHOUT CURE

To: ___________________________________________

Tenant’s Name

___________________________________________

Address

___________________________________________

City, State, Zip Code

From: ____________________________________________

Date: ____________________________________________

You are hereby notified that your lease is terminated effective immediately.

You have seven (7) days from delivery of this notice to vacate the premises.

This action is taken because:

__________________________________________________________________

________________________________________

Signature

_______________________________________

Name of Landlord/Property Manager (circle one)

_______________________________________

Address

_______________________________________

City, State, Zip Code

_______________________________________

Phone Number (with area code)

13

PROOF OF SERVICE

I, the undersigned, being at least 18 years of age, declare under penalty of

perjury that I served the notice to pay rent or move, of which this is a true copy, on

the above mentioned tenant in possession in the manner(s) indicated below.

☐ On _______________, 20_____, I handed the notice to the tenant.

☐ I handed the notice to a person of suitable age and discretion at the tenant’s

residence/business on______________, 20_____.

☐ I posted the notice in a conspicuous place at the tenant’s residence on

______________, 20_______.

Executed on ___________________, 20_____, at ________ ☐ A.M. ☐ P.M.

______________________________

Signature

FORM 2A

14

FORM 24 – NOTICE FROM LANDLORD TO TENANT – FIFTEEN DAY

NOTICE FOR POSSESSION OF PREMISES

Florida Statute 83.57 Termination of Tenancy Without Specific Term.

15 Day Notice – If the landlord needs possession of this property and it is not for

any of the previous reasons and the rent is paid on a month to month basis, this

form would be used giving the tenant a fifteen day written notice to vacate the

premises. This notice should be given fifteen days prior to the rent being due. If

the tenant does not vacate, the landlord would file his complaint for eviction. If a

written lease agreement has been entered into, this section does not apply.

Form 6- Complaint for Possession of Residential Real Property Other than Non-

Payment of Rent – to be used with the 15 day Notice for Possession

FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY

NOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW.

YOU SHOULD CONSULT AN ATTORNEY AS NEEDED.

15

NOTICE FROM LANDLORD TO TENANT

FIFTEEN DAY NOTICE FOR POSSESSION OF PREMISES

To: __________________________________________________

Tenant’s Name

__________________________________________________

Address

__________________________________________________

City, State, Zip Code

YOU ARE HEREBY NOTIFIED that your tenancy of the premises

described as __________________________________________________

____________________________________________________________Florida,

[insert address of premises, including county]

is hereby terminated as of ____________________, 20, pursuant to Section 83.57

Florida Statutes, and you are to vacate the premises on said date.

PLEASE GOVERN YOURSELF ACCORDINGLY.

Dated this _________ day of ___________________, 20_____.

________________________________________

Signature

________________________________________

Name of Landlord/Property Manager [circle one]

___________________________________________

Address [street address when Tenant can deliver rent]

___________________________________________

City, State, Zip Code

___________________________________________

Phone Number (including area code)

16

PROOF OF SERVICE

I, the undersigned, being at least 18 years of age, declare under penalty of

perjury that I served the notice to pay rent or move, of which this is a true copy, on

the above mentioned tenant in possession in the manner(s) indicated below.

☐ On _______________, 20_____, I handed the notice to the tenant.

☐ I handed the notice to a person of suitable age and discretion at the tenant’s

residence/business on______________, 20_____.

☐ I posted the notice in a conspicuous place at the tenant’s residence on

______________, 20_______.

Executed on ___________________, 20_____, at ________ ☐ A.M. ☐ P.M.

______________________________

Signature

FORM 24

17

FORM 3 ─ NOTICE FROM TENANT TO LANDLORD ─ TERMINATION

FOR FAILURE OF LANDLORD TO MAINTAIN PREMISES

AS REQUIRED BY FLORIDA STATUTE 83.51(1) OR MATERIAL

PROVISIONS OF THE RENTAL AGREEMENT.

The tenant should carefully review sections 83.51(1) and 83.51(2), Florida

Statutes, and the rental agreement and should ensure that the violations by the

Landlord alleged by the Tenant in the notice do, in fact exist. The tenant’s right to

terminate the rental agreement exists only after notice is given and if the landlord

fails to maintain the premises as required by section 83.51 or material provision of

the rental agreement. Section 83.51(1) provides as follows:

83.51 Landlord’s obligation to maintain premises.

(1) The landlord at all times during the tenancy shall:

(a) Comply with the requirements of applicable building, housing, or

health codes; or

(b) Where there are no applicable building, housing, and health codes,

maintain the roofs, windows, screens, doors, floors, steps, porches,

exterior walls, foundations, and all other structural components in

good repair and capable of resisting normal forces and loads and the

plumbing in reasonable working condition. However, the landlord

shall not be required to maintain a mobile home or other structure

owned by the tenant.

The landlord’s obligations under this subsection may be modified by the

lease in the case of a single-family home or duplex.

(2) (a) Unless otherwise agreed in writing, in addition to the requirements of

subsection (1), the landlord of a dwelling unit other than a single

family home or duplex shall, at all times during the tenancy, make

reasonable provisions for:

1. The extermination of rats, mice, roaches, ants, wood-destroying

organisms, and bedbugs. When vacation of the premises is required

for such extermination, the landlord shall not be liable for damages

but shall abate the rent.

18

The tenant shall be required to temporarily vacate the premises for a

period of time not to exceed 4 days, on 7 days’ written notice, if

necessary, for extermination pursuant to this subparagraph.

2. Locks and keys.

3. The clean and safe condition of common areas.

4. Garbage removal and outside receptacles therefor.

5. Functioning facilities for heat during winter, running water, and hot

water.

(b) Unless otherwise agreed in writing, at the commencement of the

tenancy of a single family home or duplex, the landlord shall install

working smoke detection devices. As used in this paragraph, the term

“smoke detection device” means an electrical or battery-operated

device which detects visible or invisible particles of combustion and

which is listed by Underwriters Laboratories, Inc., Factory Mutual

Laboratories, Inc. or any other nationally recognized testing

laboratory using nationally accepted testing standards.

(c) Nothing in this part authorizes the tenant to raise a noncompliance by

the landlord with this subsection as a defense to an action for

possession under s. 83.59.

(d) This subsection shall not apply to a mobile home owned by a tenant.

(e) Nothing contained in this subsection prohibits the landlord from

providing in the rental agreement that the tenant is obligated to pay

costs or charges for garbage removal, water, fuel, or utilities.

(3) If the duty imposed by subsection (1) is the same or greater than any duty

imposed by subsection (2), the landlord’s duty is determined by subsection

(1). (4) The Landlord is not responsible to the tenant under this section for

conditions created or caused by the other person on the premises with the

tenant’s consent.

(4) The landlord is not responsible to the tenant under this section for conditions

created or caused by the negligent or wrongful act or omission of the tenant,

a member of the tenant’s family, or other person on the premises with the

tenant’s consent.

SOURCE: Section 83.56, Florida Statutes (2009)

19

NOTICE FROM TENANT TO LANDLORD ─ TERMINATION

FOR FAILURE OF LANDLORD TO MAINTAIN PREMISES AS

REQUIRED BY FLORIDA STATUTE 83.51(1) OR MATERIAL

PROVISIONS OF THE RENTAL AGREEMENT.

TO: _______________________________________

Landlord’s Name (or Landlord’s Authorized

Representative, resident manager, or the person

who collects the rent from the Landlord).

_______________________________________

Address

_______________________________________

City, State, Zip Code

FROM: _______________________________________

Tenant

DATE: _______________________________________

This is to inform you that you are not maintaining my dwelling unit as

required by Florida Statute 83.51 (1) and our rental agreement. If you do not

complete the following repairs, non-compliance, violations, or default in the next

seven days, I intend to terminate the rental agreement, move out, and hold you

responsible for any damages resulting from the termination:

List landlord’s violations, non-compliance or default:

__________________________________________________________________

____________________________________

Tenant’s Name

Address, Unit Number: ________________

____________________________________

Phone Number:_______________________

This form was completed with the assistance of:

Name: ________________________________

Address: ______________________________

______________________________________

Telephone No.: ( )_____________________

Approved for use under rule 10-2.1(a) of

Form 3

the Rules Regulating The Florida Bar

The Florida Bar 2010

20

FORM 4 ─ NOTICE FROM TENANT TO LANDLORD ─ WITHHOLDING

RENT FOR FAILURE OF LANDLORD TO MAINTAIN PREMISES AS

REQUIRED BY FLORIDA STATUTE 83.51 (1) OR MATERIAL PROVISIONS

OF THE RENTAL AGREEMENT

A Tenant cannot withhold rent from the Landlord without sending notice and

allowing the Landlord time to cure the non-compliance, violation, or default of its

obligations. Failure to send the required notice to the Landlord has significant

impact on a Tenant’s rights under the rental agreement and Florida Statutes. If the

non-compliance is not remedied within the time period specified by statute (or

such longer time as may be granted in your written rental agreement) and the

Landlord’s failure to comply renders the dwelling unit untenantable, rent may be

reduced in proportion to the loss of rental value caused by the non-compliance. If

the Landlord’s violation of its obligation is not remedied, but the failure to cure the

non-compliance does not render the dwelling unit untenantable, the Tenant may

remain in the dwelling unit and the rent shall be reduced, until the violation is

cured, by an amount in proportion to the loss of rental value caused by the failure

to cure the violation. In any legal proceeding, however, the Tenant will have to

pay all past due rent, and rent as it comes due during the legal proceedings, into the

registry of the Court. The Tenant should, therefore, deposit all rent as it comes due

in a separate bank account until the Tenant’s disputes with the Landlord have been

resolved. For the text of Florida Statute 83.51 (1), and the grounds for withholding

rent, see the not to Form 3.

SOURCE: Sections 83.56 and 83.60, Florida Statutes (2007)

FORM NOTES ARE FOR INFORMATIONAL PURPOES ONLY AND MAY

NOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW.

YOU SHOULD CONSULT AN ATTORNEY AS NEEDED.

21

NOTICE FROM TENANT TO LANDLORD ─ WITHHOLDING RENT

FOR FAILURE OF LANDLORD TO MAINTAIN PREMISES AS

REQUIRED BY FLORIDA STATUTE 83.51 (1) OR MATERIAL

PROVISIONS OF THE RENTAL AGREEMENT

TO: ________________________________________

Landlord’s Name (or Landlord’s authorized

Representative, resident manager, or the person

who collects the rent from the Landlord)

________________________________________

Address

________________________________________

City, State, Zip Code

FROM: ________________________________________

Tenant

DATE: ________________________________________

This is to inform you that you are not maintaining my dwelling units as

required by Florida Statute 83.51 (1) or material provisions of our rental

agreement. If you do not complete the following repairs, non-compliance,

violation or default, within seven days I intent to withhold future rental payment

and/or terminate the rental agreement:

List non-compliance or default:

__________________________________________________________________

This letter is sent to you pursuant to Florida Statute 83.56.

____________________________________

Tenant’s Name

Address, Unit Number: ________________

____________________________________

Phone Number:_______________________

This form was completed with the assistance of:

Name: ________________________________

Address: ______________________________

______________________________________

Telephone No.: ( )_____________________ FORM 4

Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar. The Florida Bar 2010

22

FORM 5

COMPLAINT FOR LANDLORD TO EVICT

TENANTS INSTRUCTIONS

Form 5 should be used if only eviction of the Tenant is sought. Form 5A should be used to evict the

Tenant and recover damages (past due rent).

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,

CASE NO.

[insert case number assigned

by Clerk of the Court]

vs.

[insert name of Tenant]

Defendant.

/

COMPLAINT FOR EVICTION

Plaintiff,

[insert

name

of

Landlord], sues Defendant,

[insert name of Tenant] and alleges:

1. This is an action to evict a Tenant from real property in [insert county in

which the property is located] County, Florida.

2. Plaintiff owns the following described real property in

the

County:

[insert

legal or street

description of the property including, if applicable, unit number].

3. Defendant has possession of the property under a (oral/written) agreement to pay rent of

$

[insert

rental amount] payable

[insert terms of rental

payments, i.e., weekly, monthly, etc.]. A copy of the written agreement, if any, is attached as Exhibit "A."

4. Defendant failed to pay the rent due , 20 [insert date of payment Tenant has

failed to make].

5. Plaintiff served Defendant with a notice on, 20_ [insert date of notice], to pay the rent or deliver

possession but Defendant refuses to do either. A copy of the notice is attached as Exhibit "B."

WHEREFORE, Plaintiff demands judgment for possession of the property against Defendant.

Signature

Name of Landlord/Property Manager

(circle one)

Address

City, State, Zip Code

Phone Number

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:

OATH

On this ___________ day of ________________, 20__, _____________________

Appeared before me, presented proper identification, was placed under oath,

and swore the information in the complaint filed on _______________, 20__ in

case number 20__ CC _________.

________________________________

Plaintiff

By: ________________________________

Deputy Clerk

FORM 5A

COMPLAINT FOR LANDLORD TO EVICT TENANTS

FOR FAILURE TO PAY RENT AND TO RECOVER PAST

DUE RENT

INSTRUCTIONS

Form 5 should be used if only eviction of the Tenant is sought. Form 5A should be used to evict the Tenant

and recover damages (past due rent).

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,

CASE NO.

[insert

case

number

assigned

by Clerk of the Court]

vs.

[insert name of Tenant]

Defendant.

/

COMPLAINT FOR EVICTION

AND DAMAGES

Plaintiff,

[insert

name of Tenant] and alleges:

[insert name of Landlord], sues Defendant,

COUNT I

Tenant Eviction

1. This is an action to evict the Tenant from real property in [insert county in which the

property is located] County, Florida.

2. Plaintiff

owns the following

described real property in

the

County:

[insert legal or street description of

property including, if applicable, unit number].

3. Defendant has possession of the real property under a (oral/written) agreement to pay rent of

$ [insert rental amount] payable [insert terms of rental payments, i.e.,

weekly, monthly, etc.]. A copy of the written agreement, if any, is attached as Exhibit "A."

make].

4. Defendant failed to pay the rent due , 20 [insert date of payment Tenant has failed to

5. Plaintiff served Defendant with a notice on , 20 [insert date of notice], to pay the rent

or deliver possession but Defendant refuses to do either. A copy of the notice is attached as Exhibit "B."

WHEREFORE, Plaintiff demands judgment for possession of the property against Defendant.

COUNT II

Damages

6. This is an action for damages that do not exceed $15,000.

7. Plaintiff restates those allegations contained in paragraphs 1 through 5 above.

8. Defendant owes Plaintiff $ that is due with interest [insert past due rent

amount] since , 20 [insert date of last rental payment Tenant failed to make].

WHEREFORE, Plaintiff demands judgment for damages against Defendant.

Landlord’s Name

Address, Unit Number

Phone Number

This form was completed

with the assistance of:

Name:

Address:

Telephone Number:

Approved for use under rule 10-2.1(a) of

the Rules Regulating The Florida Bar

The Florida Bar 2010

On

this

___

day

of

________

_,

2019,

______________

_

appeared before me, presented proper identification,

was

placed under oath, and swore the

information in

the

complaint filed

on

2019 in

case

number

_2..c...01

___

9

__

C~C.c..---

__

_,

is

true and correct.

Plaintiff

By:

__________________

_

Deputy Clerk

FORM 6

COMPLAINT FOR LANDLORD TO EVICT TENANTS

FOR

FAILURE TO COMPLY WITH RENTAL AGREEMENT (OTHER THAN FAILURE TO

PAY RENT) INSTRUCTIONS

Form 6 should be used for eviction of Tenants if the Tenant’s default is something other than failure to

pay rent. If damages are sought a separate count, as set forth in the form 5A is necessary.

See Instructions to Form 5 and 5A.

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,

CASE NO.

[insert

case number assigned

by Clerk of the Court]

vs.

[insert name of Tenant] Defendant.

COMPLAINT FOR EVICTION

Plaintiff,

[insert

name

of

Landlord], sues Defendant,

[insert name of Tenant] and alleges:

1. This is an action to evict a Tenant from real property in [insert county in

which the property is located] County, Florida.

2. Plaintiff owns the following described real property in

the

County:

[insert

legal or street

description of the property including, if applicable, unit number].

3. Defendant has possession of the property under a (oral/written) agreement . A copy of the written

agreement, if any, is attached as Exhibit "A."

4. Plaintiff served Defendant with a notice on , 20 [insert date of notice]

giving written notice to the Defendant that the Defendant was in violation of its rental agreement. A copy of the

notice, setting forth the violation of the rental agreement, is attached as Exhibit “B”.

5. Defendant has failed to correct or discontinue the conduct set forth in the above-mentioned notice.

WHEREFORE, Plaintiff demands judgment for possession of the property against Defendant.

Landlord’s Name

Address

Phone Number

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:

On

this

___

day

of

________

_,

2019,

______________

_

appeared before me, presented proper identification,

was

placed under oath, and swore the

information in

the

complaint filed

on

2019 in

case

number

_2..c...01

___

9

__

C~C.c..---

__

_,

is

true and correct.

Plaintiff

By:

__________________

_

Deputy Clerk

FORM 76─MOTION FOR CLERK’S DEFAULT – RESIDENTIAL EVICTION

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 established property 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.

33

IN THE COUNTY COURT OF THE FIRST JUDICIAL CIRCUIT

IN AND FOR OKALOOSA COUNTY

CASE NO. ________________

[insert case number assigned by

the Clerk of Court]

________________________________

[insert name of Landlord

Plaintiff,

vs. MOTION FOR CLERK’S DEFAULT

--RESIDENTIAL EVICTION

________________________________

[insert name of Tenant]

Defendant.

Plaintiff asks the Clerk to enter default against ________________________

______________[name], Defendant, for failing to respond as required by law.

___________________________________

Name:______________________________

Address: ____________________________

____________________________________

Telephone No.:_______________________

DEFAULT RESIDENTIAL EVICTION

A default is entered in this action against the Defendant for eviction for

failing to response as required by law.

Date: _________________ JD Peacock II

Clerk of Circuit Court and Comptroller

By:_____________________________

Deputy Clerk

34

cc: _____________________________

[insert name of Landlord]

_____________________________

[insert name and address of Tenant

Approved for use under rule This form was completed

10-2.1(a) of the Rules with the assistance of:

Regulating the Florida Bar Name:

Address:

The Florida Bar 2010 Telephone No.

35

FORM 77─MOTION FOR DEFAULT FINAL JUDGMENT – DAMAGES

(RESIDENTIAL EVICTION)

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 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.

36

IN THE COUNTY COURT FOR THE FIRST JUDICIAL CIRCUIT

IN AND FOR OKALOOSA COUNTY

CASE NO. ________________

[insert case number assigned by

the Clerk of Court]

________________________________

[insert name of Landlord

Plaintiff,

vs. MOTION FOR CLERK’S DEFAULT

DAMAGES (RESIDENTIAL EVICTION)

________________________________

[insert name of Tenant]

Defendant.

Plaintiff asks the Clerk to enter default against ________________________

______________[name], Defendant, for failing to respond as required by law to

Plaintiff’s Complaint for damages.

___________________________________

Name:______________________________

Address: ____________________________

____________________________________

Telephone No.:_______________________

DEFAULT - DAMAGES

A default is entered in this action against the Defendant for damages for

failure to respond as required by law.

Date: _________________ JD Peacock II

Clerk of Circuit Court and Comptroller

By:_____________________________

Deputy Clerk

37

cc: _____________________________

[insert name of Landlord]

_____________________________

[insert name and address of Tenant

This form was completed with the

assistance of:

Name:

Address:

Telephone Number:

Approved for use under rule

10-2.1(a) of the Rules

Regulating the Florida Bar

The Florida Bar 2010 FORM 77

38

FORM 78─MOTION FOR DEFAULT FINAL JUDGMENT

(RESIDENTIAL EVICTION)

The tenant will have five days, after service, to file a written response to a

Complaint for eviction, and 20 days, after personal 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.