Florida Eviction Residential Eviction without damages - Florida Legal Form Corp

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Residential Eviction for Possession Only
A Residential Possession Only eviction is used when a landlord’s primary goal is to legally remove a tenant from the rental property
without pursuing unpaid rent, damages, or other monetary claims.
This type of eviction is ideal when the lease has expired, the tenant has overstayed, or there are lease violations that do not involve money owed.
It’s the fastest and most straightforward eviction option under Florida law, helping landlords quickly regain possession of their property and minimize further disruption or financial loss.
Using attorney-prepared forms ensures your filing is accurate, court-compliant, and processed without avoidable delays.
Fill out the form below to get started or give us a call.
Residential Eviction Package

$249 Pro Se

$1699 Attorney Represented
(this includes all court costs and filing fees)














Unpaid Rent
Lease Violation
Other


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No



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No



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No

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No

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Somewhat

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FAQs
✅ Eligibility to File for Residential Eviction Without Damages (Florida)
You can file for a non-damages residential eviction in Florida if:
  1. There is a valid written or verbal rental agreement.
  2. The tenant is in material violation of the lease (typically nonpayment of rent).
  3. You are not seeking a money judgment — only the return of possession.
  4. The tenant has been given proper notice to cure or vacate.
📝 Required Information to File for Eviction
🔹 Landlord & Tenant Information
  • Full names and addresses of landlord and tenant(s)
  • Property address (must match lease or rental terms)
  • Rental terms (amount of rent, payment due date, lease type)
  • Contact information for both parties (phone, email if available)
🔹 Legal Grounds for Eviction
  • Reason for eviction (e.g., nonpayment of rent, lease expiration, or violation)
  • Date rent was due and unpaid (if applicable)
  • History of notices or prior warnings
📄 Required Florida Eviction Court Forms
✅ Before Filing – Serve Notice
  • 3-Day Notice to Pay Rent or Vacate (for nonpayment of rent)
    OR
  • 7-Day Notice to Cure or Vacate (for lease violations)
    OR
  • 15-Day Notice to Terminate Month-to-Month Tenancy
Note: Notices must be properly served (in person, posted, or mailed)
✅ Filing Documents (After Notice Expires)
  • Complaint for Eviction – Form 82-002 (possession only – no damages)
  • Summons – Eviction – Form 82-003 (for clerk to issue to each tenant)
  • Non-Military Affidavit – Form 97-120 (required by federal law)
  • Copy of the Lease Agreement (if written)
  • Copy of the Notice Served to Tenant (with proof of delivery)
💵 Filing & Service Fees
  • Filing fee: ~$165-325
  • Summons issuance fee: ~$10 per tenant
  • Service of process: ~75-150 per tenant (by sheriff or private server)
  • No damages sought: so no additional court costs related to money claims
🧾 After Filing – What Happens Next
  1. Clerk issues summons → must be served on tenant
  2. Tenant has 5 business days to respond in writing to the court
  3. If no response, you may file a Motion for Default and Final Judgment for Possession
  4. Once signed, file Writ of Possession ($90+)
  5. Sheriff will post 24-hour notice and return later to remove tenant if necessary
🏠 Final Notes
  • You cannot change the locks or remove a tenant without a court order
  • You may request certified copies of the Final Judgment or Writ for your records
  • If the tenant leaves before court involvement, you may cancel the case (optional)
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