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
 
-  
-  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
 
-  
-  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)
 
-  
-  If tenant does respond:-  Court may schedule a hearing or mediation
-  Bring evidence of unpaid rent/damages
 
-  
📦 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