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