FAQs
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Eligibility to File for Residential Eviction Without Damages (Florida)
You can file for a non-damages residential eviction in Florida if:
- There is a valid written or verbal rental agreement.
- The tenant is in material violation of the lease (typically nonpayment of rent).
- You are not seeking a money judgment โ only the return of possession.
- The tenant has been given proper notice to cure or vacate.
๐ Required Information to File for Eviction
๐น 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)
๐น 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
๐ Required Florida Eviction Court Forms
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Before Filing โ 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)
โ
Filing Documents (After Notice Expires)
- Complaint for Eviction โ Form 82-002 (possession only โ no damages)
- Summons โ Eviction โ Form 82-003 (for clerk to issue to each tenant)
- Non-Military Affidavit โ 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)
๐ต 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
๐งพ After Filing โ What Happens Next
- Clerk issues summons โ must be served on tenant
- Tenant has 5 business days to respond in writing to the court
- If no response, you may file a Motion for Default and Final Judgment for Possession
- Once signed, file Writ of Possession ($90+)
- Sheriff will post 24-hour notice and return later to remove tenant if necessary
๐ 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)