Florida Eviction Forms
The various forms that may be used for an eviction under Florida law are contained here. These forms should not be used without consulting a licensed Florida attorney.
1. The Eviction Law Firm, Landlord-Tenant Law
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.
2. Sample Complaint for Eviction based on Material Breach of Lease Agreement other then Non-Payment of Rent
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.
3. A Sample Eviction Complaint for Possession Only, 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.
4. Two Count Complaint for Eviction and Money Damages, Florida Eviction Form
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.
5. Final Judgment of Eviction Form to be Submitted to Court
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.
6. Motion for Default Final Judgment - Florida Residential Eviction
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.
7. Form for Non-Military Affidavit, Florida Residential Tenant Eviction
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.
8. 7 Day Notice to Cure Material Breach of Rental Agreement, Florida Eviction Form
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.
9. 15 Day Notice to terminate month to month tenancy, Florida Eviction Form
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.
10. 3 Day Notice to Pay or Vacate
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.
11. Writ of Possession for Florida Eviction
After a final judgment 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.
12. Confirmation of Tenant Surrendering Possession of Premises
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.