Here you will find an updated version of Florida’s Residential Landlord and Tenant act. These statutes, along with applicable case law, govern the rights and duties of Landlords and Tenants under Florida law.
If you are evicting a tenant for a reason other than non-payment of rent, you must file the eviction on the basis of a seven day notice. This form should not be used without the assistance of an attorney licensed to practice law in the State of Florida.
If you intend to sue the delinquent tenant in order to retake possession of the premises only, and are not seeking money damages and back-rent, this form should be used. Again, this form should not be used without consulting an attorney licensed to practice law in the State of Florida.
If you are suing your non-paying tenant in order to retake possession of your rental property, and you also intend to sue for past due rent, this form should be used. Note that different legal procedures apply when suing for money damages.
This form is provided to the presiding court. This form should be used after discovery and/or a hearing is held. The purpose of this form is to ask the court to enter a final judgment in the Landlord’s favor. This form should not be used without consulting an attorney licensed to practice law in the State of Florida.
If you have filed an eviction against a tenant and, after duly serving that tenant with notice of the lawsuit the tenant refuses to respond, then this form should be used. This form requests that the court enter a “Default” final judgment in Landlord’s failure for the tenant’s failure to file or serve any paper in the lawsuit as required by law. This form should not be used without consulting a Florida licensed Landlord/Tenant lawyer.
Under Florida and Federal law, active members of the military are granted special privileges with respect to evictions. The court may “Stay” any eviction filed against an active member of the military. This form certifies that to the best of the Landlord’s knowledge, the tenant(s) is not an active member of the military.
This form should be used if the tenant has breached some material provision of the lease. This form gives the tenant seven days to cure any such breach, otherwise, the lease may be terminated. The breach must be “material” subject to interpretation based on existing statutory and case law.
This form can be used to evict a month-to-month tenant or “holdover” tenant. Absent an agreement to the contrary, a landlord does not need cause to terminate a month-to-month lease, and may use this form to terminate the lease with or without cause.
Under Florida law, if a tenant has failed to pay rent, the Landlord must provide this form to the Tenant as a condition precedent to filing an eviction lawsuit. This form should be filled out completely and accurately. The tenant will have 3 days from the date of receiving notice of this form, not including weekends, holidays, and the date of posting, to comply with the command to pay rent or vacate. Otherwise, the landlord may file for eviction.
After a final judgment of eviction is obtained in the Landlord’s favor, the Landlord must have a writ of possession “issued” by the clerk of court. The writ of possession becomes necessary when the court has entered a judgment against the Tenant and in favor of the Landlord for possession of the premises, but the tenant still refuses to leave.
This form should be used when the Tenant has agreed to surrender possession of the premises to Landlord. The Landlord may be liable for wrongful eviction if the landlord retakes possession before obtaining a judgment for eviction. This form should not be used without consulting a licensed Florida eviction attorney.
This form should be used when the tenant has abandoned or surrendered the premises and has left personal property behind. This form can be adjusted and used for both residential evictions and commercial evictions.
This form should be used with respect to commercial tenancies only. This form should be used when it appears that the commercial tenant has surrendered or abandoned the commercial rental property within the meaning of Florida Statute, Chapter 83.20.
The 5 day eviction summons form can be used for residential evictions for possession only (not money damages). The summons is the formal document that the clerk of court must issue when filing an eviction for possession.