Residential Eviction for Possession & Damages
Remove the Tenant and Recover What You're Owed
This type of eviction is used when a landlord needs to remove a residential tenant and pursue unpaid rent, late fees, or compensation for damage to the property.
Filing for possession and damages allows you to combine both actions in one legal process, helping you recover financial losses while reclaiming control of your rental.
These cases require specific forms, proper evidence, and strict compliance with Florida law — making attorney-prepared documents essential for a smooth and successful filing.
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Residential Eviction Package with Damages
$349 Pro Se
$2499 Attorney Represented
(this includes all court costs and filing fees)
FAQs
✅ Eligibility to File for Residential Eviction with Damages (Florida)
You may file for eviction and request damages if:
- There is a valid lease or rental agreement (written or verbal).
- The tenant has violated the lease, most commonly by failing to pay rent.
- You want the court to remove the tenant and award money for:
- Unpaid rent
- Late fees
- Property damage
- Lease-breaking penalties
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- You have given the tenant proper legal notice to cure or vacate.
📝 Required Information for Eviction with Damages
🔹 Landlord & Tenant Details
- Full names and addresses of all tenants and landlord
- Rental property address
- Lease details (term, rent amount, due date, deposit info)
- Tenant contact info (phone, email if known)
🔹 Details of Lease Violation
- Date of last rent paid
- Total amount of rent owed
- Description and estimated value of any property damage
- Late fees or penalties being claimed
- Security deposit amount held
📄 Required Court Forms (Eviction + Damages)
✅ Before Filing – Serve Notice
- 3-Day Notice to Pay Rent or Vacate (for nonpayment of rent)
- 7-Day Notice to Cure or Vacate (for lease violations other than rent)
- 15-Day Notice to Terminate (for month-to-month termination)
Notice must be properly served (in person, posted, or mailed). Attach proof to complaint.
✅ Filing Documents (After Notice Period Expires)
- Complaint for Eviction and Damages – Form 82-001
- Summons – Eviction – Form 82-003 (for possession)
- Summons – Damages – Form 20-002 or Small Claims version
- Non-Military Affidavit – Form 97-120
- Copy of lease agreement (if written)
- Copy of the notice served to tenant
- Proof of damages (invoices, photos, repair estimates, etc.)
💵 Filing & Court Fees
- Eviction with damages filing fee: ~$165-320 (based on claim amount)
- Summons issuance fee: ~$10 per defendant, per claim type
- Service of process: ~$75-150 per tenant (by sheriff or private process server)
- Writ of Possession (after judgment): ~$90
📅 After Filing – What Happens Next
- Court clerk issues two types of summons (eviction + damages)
- Tenant has:
- 5 days to respond to eviction claim
- 20 days to respond to damages claim
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- If tenant does not respond:
- File Motion for Clerk's Default and Final Judgment for Possession
- Then file Writ of Possession
- File separate Default Final Judgment for Damages (or schedule a hearing if disputed)
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- If tenant does respond:
- Court may schedule a hearing or mediation
- Bring evidence of unpaid rent/damages
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📦 Damages You May Request
- Unpaid rent and late fees
- Damage to unit beyond normal wear and tear (with photos/proof)
- Lease termination fees (if allowed by lease)
- Court filing fees and costs
- Minus any refundable security deposit held
⚠️ Final Notes
- You cannot evict without a court order
- All damages must be itemized and provable
- If tenant vacates before final hearing, you may still pursue a money judgment
- Certified judgments can be used for collections or garnishment