Complaint for Eviction (Residential) — County Court of Florida

COMPLAINT FOR EVICTION — FLORIDA COUNTY COURT

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. Premises and Rental Agreement
4. Predicate Notice and Cure Period
5. Count I — Action for Possession (Fla. Stat. § 83.59)
6. Count II — Damages: Unpaid Rent, Future Rent, Late Fees
7. Attorney's Fees and Costs
8. Prayer for Relief
9. Verification
10. Signature and Service Block
11. Five-Day Summons (Issued by Clerk)
12. Florida Practice Notes
13. Sources and References

1. CAPTION

IN THE COUNTY COURT OF THE [______] JUDICIAL CIRCUIT
IN AND FOR [COUNTY] COUNTY, FLORIDA

CASE NO. [________________________________]

DIVISION: [____]

2. PARTIES, JURISDICTION, AND VENUE

2.1 Plaintiff [LANDLORD'S FULL LEGAL NAME] is the owner / landlord / authorized agent of the residential dwelling unit located at [STREET ADDRESS], [CITY], [COUNTY] County, Florida [ZIP] (the "Premises") and is the proper party to bring this action under Fla. Stat. § 83.59(2).

2.2 Defendant [TENANT'S FULL LEGAL NAME] is an adult resident of [COUNTY] County, Florida, who occupies the Premises under the rental agreement described below. Defendant is sui juris and not in active military service except as may be disclosed in the SCRA affidavit attached as Exhibit [__].

2.3 This Court has subject-matter jurisdiction under Fla. Stat. § 34.01 and Fla. Stat. § 83.59. This action proceeds under the summary-procedure provisions of Fla. Stat. § 51.011.

2.4 Venue is proper in [COUNTY] County under Fla. Stat. § 47.011 and § 83.59 because the Premises are situated in this County.

3. PREMISES AND RENTAL AGREEMENT

3.1 On or about [__/__/____], Plaintiff (or Plaintiff's predecessor) and Defendant entered into a [☐ written ☐ oral] rental agreement (the "Lease") for the Premises. A true and correct copy of the written Lease is attached as Exhibit "A" and incorporated herein.

3.2 Under the Lease, Defendant agreed to pay Plaintiff rent in the amount of $[________] per [☐ month ☐ week ☐ other: __________], payable on or before the [____] day of each [period].

3.3 The Lease commenced on [__/__/____] and was scheduled to terminate on:

☐ [__/__/____] (specific term);
☐ Continuing on a month-to-month basis after expiration of any specific term;
☐ Periodic tenancy with no specific term — [☐ week-to-week ☐ month-to-month ☐ quarter-to-quarter ☐ year-to-year].

3.4 The dwelling is residential within the meaning of Fla. Stat. § 83.43(2).

4. PREDICATE NOTICE AND CURE PERIOD

Option A — Three-Day Notice (Nonpayment of Rent, § 83.56(3))

4.1 Defendant failed to pay rent when due for the following period(s): [MONTH/YEAR], [MONTH/YEAR]. The total amount of rent past due as of the filing of this Complaint is $[________].

4.2 On [__/__/____], Plaintiff caused to be served on Defendant a written Three-Day Notice to Pay Rent or Deliver Possession in conformity with Fla. Stat. § 83.56(3). A true copy of the Notice and proof of service are attached as Composite Exhibit "B".

4.3 The three-day period, excluding Saturday, Sunday, and court-observed holidays as required by Fla. Stat. § 83.56(3), expired on [__/__/____]. Defendant did not pay the rent demanded or deliver possession of the Premises within the period and remains in default.

Option B — Seven-Day Notice (Lease Violation, § 83.56(2))

4.1 Defendant materially breached the Lease and/or Fla. Stat. § 83.52 by [☐ destruction/damage to property ☐ unauthorized pet ☐ unauthorized occupant ☐ failure to maintain clean/sanitary condition ☐ unreasonable disturbance to other tenants ☐ other: __________].

4.2 On [__/__/____], Plaintiff caused to be served on Defendant a written Seven-Day Notice of Noncompliance under [☐ Fla. Stat. § 83.56(2)(a) — non-curable ☐ Fla. Stat. § 83.56(2)(b) — curable]. A true copy of the Notice and proof of service are attached as Composite Exhibit "B".

4.3 The seven-day [☐ cure ☐ vacate] period expired on [__/__/____]. Defendant [☐ failed to cure the noncompliance ☐ failed to vacate the Premises], and remains in default.

Option C — Termination of Periodic Tenancy (No-Cause, § 83.57)

4.1 The Lease is a periodic tenancy without specific term: [☐ week-to-week ☐ month-to-month ☐ quarter-to-quarter ☐ year-to-year].

4.2 On [__/__/____], Plaintiff caused to be served on Defendant a written Notice of Termination of Tenancy in conformity with Fla. Stat. § 83.57([__]), specifying a Termination Date of [__/__/____]. A true copy of the Notice and proof of service are attached as Composite Exhibit "B".

4.3 Defendant did not vacate on or before the Termination Date and remains a holdover in possession of the Premises without right.

5. COUNT I — ACTION FOR POSSESSION (Fla. Stat. § 83.59)

5.1 Plaintiff incorporates Paragraphs 1.1 through 4.3 by reference.

5.2 Plaintiff is entitled to immediate possession of the Premises under Fla. Stat. § 83.59 and is entitled to issuance of a writ of possession after final judgment under Fla. Stat. § 83.62.

5.3 Defendant has no legal right to remain in possession.

5.4 The Court should advance this cause on its calendar pursuant to Fla. Stat. § 83.59(4).

WHEREFORE, on Count I, Plaintiff demands judgment for possession of the Premises, issuance of a writ of possession, costs, and such other relief as the Court deems just and proper.

6. COUNT II — DAMAGES: UNPAID RENT, FUTURE RENT, LATE FEES

6.1 Plaintiff incorporates Paragraphs 1.1 through 4.3 by reference.

6.2 As of the date of filing, Defendant owes Plaintiff:

6.3 Plaintiff also seeks future rent under the choice-of-remedies provisions of Fla. Stat. § 83.595 and the Lease, in an amount to be proven at trial.

6.4 Plaintiff has performed all conditions precedent or they have occurred, been waived, or been excused.

WHEREFORE, on Count II, Plaintiff demands judgment for damages in the sum of $[________], future rent under § 83.595, prejudgment interest, costs, attorney's fees as provided by contract or statute, and such other relief as the Court deems just and proper.

7. ATTORNEY'S FEES AND COSTS

7.1 Plaintiff is entitled to recover reasonable attorney's fees and costs from Defendant pursuant to Fla. Stat. § 83.48 (prevailing-party fees in actions under Part II) and/or Lease ¶ [___]. Plaintiff demands attorney's fees both at trial and on any appeal.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in favor of Plaintiff and against Defendant as follows:

A. Possession — A judgment of possession of the Premises and issuance of a writ of possession to be executed by the Sheriff of [COUNTY] County under Fla. Stat. § 83.62.

B. Damages — Money damages for past-due rent, late fees, and other contractual damages in the amount of $[________], plus future rent and damages accruing during pendency under § 83.595.

C. Costs and Fees — Costs of suit and reasonable attorney's fees under Fla. Stat. § 83.48 and the Lease.

D. Prejudgment interest — At the statutory rate from the date each rent payment became due.

E. Such other and further relief as the Court deems just and proper.

9. VERIFICATION

State of Florida
County of [________________]

Under penalty of perjury, I declare that I have read the foregoing Complaint for Eviction, that the facts stated therein are true and correct to the best of my knowledge and belief, and that I am authorized to verify it on behalf of Plaintiff.

_______________________________________________
[LANDLORD / AUTHORIZED AGENT NAME]
[TITLE]

Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization, this [____] day of [MONTH], [YEAR], by [NAME], who is personally known to me OR has produced [TYPE OF ID] as identification.

_______________________________________________
Notary Public, State of Florida
My commission expires: [__/__/____]

10. SIGNATURE AND SERVICE BLOCK

Date: [__/__/____]

Respectfully submitted,

_______________________________________________
[ATTORNEY NAME]
Florida Bar No. [________________]
[FIRM NAME]
[STREET ADDRESS]
[CITY], Florida [ZIP]
Telephone: [________________________________]
Primary E-mail: [________________________________]
Secondary E-mail: [________________________________]
Attorney for Plaintiff

11. FIVE-DAY SUMMONS (ISSUED BY CLERK)

TO THE DEFENDANT(S):

YOU ARE BEING SUED to evict you from the property listed in the Complaint. You have 5 days (excluding Saturday, Sunday, and legal holidays) after the date this Summons is served on you to file a written response to the attached Complaint with the Clerk of this Court. You must also pay any rent the Complaint claims is owing into the registry of the Court (or contest the amount by motion under Fla. Stat. § 83.60(2)) within the 5-day period or a default for possession will be entered against you.

The Court Registry is located at:

Clerk of the County Court, [COUNTY] County
[ADDRESS]
[CITY], Florida [ZIP]

A copy of your written response and any rent must also be served on the Plaintiff or Plaintiff's attorney named above.

If you do not file a written response and deposit any rent claimed, you may lose the case and be evicted without further notice.

If you cannot afford an attorney, contact [LOCAL LEGAL AID PROVIDER]: [________________________________].

WITNESS my hand and the seal of this Court on [__/__/____].

_______________________________________________
Clerk of the County Court
[COUNTY] County, Florida
By: [________________________________], Deputy Clerk

12. FLORIDA PRACTICE NOTES

A. Two-count vs. single-count strategy. Filing only Count I (Possession) on a separate complaint is the fastest route to a writ of possession and avoids commingling the registry-deposit dynamic with damages discovery. Many landlords file the damages claim as a separate civil suit after possession is recovered.

B. Rent registry. The registry deposit is the single most important defense lever. If the tenant fails to deposit accrued rent (or file a § 83.60(2) motion to determine rent), the court enters default for possession on motion. Park Adult Residential Facility, Inc. v. Dan Designs, Inc., 36 So. 3d 811 (Fla. 3d DCA 2010); K.D. Lewis Enters. Corp. v. Smith, 445 So. 2d 1032 (Fla. 5th DCA 1984).

C. Service of process. Fla. R. Civ. P. 1.070(f) governs. After one attempt at personal service in a residential eviction, the Sheriff (or appointed process server) may post the summons on the door — but ONLY if the landlord supplies the clerk with extra copies of the complaint and a pre-stamped envelope addressed to the tenant for mailing under § 48.183. Posting waives any money judgment in that count; sue separately for damages or seek personal service.

D. SCRA affidavit. Servicemember Civil Relief Act (50 U.S.C. § 3931) requires a non-military affidavit before default. Most clerks will not enter default without it.

E. Filing fees (verify locally). As of 2025, the County Clerk fee for a possession-only eviction count is approximately $185; per-defendant summons issuance is approximately $10; Sheriff service is approximately $40 per defendant. Damages counts incur additional fees on a sliding scale by amount in controversy.

F. Local AOSC orders. Many circuits have administrative orders governing eviction docket scheduling, mandatory pre-trial conferences, and mediation. Examples: 11th Cir. (Miami-Dade) AOSC orders on uncontested eviction calendars; 17th Cir. (Broward) eviction docket scheduling orders; 13th Cir. (Hillsborough) housing-court division. Check before filing.

G. Verification requirement. Although Fla. R. Civ. P. 1.110 does not universally require verification, several counties require verified eviction complaints by local rule. Verify by default.

H. Required attachments under Rule 1.130. Attach the lease, the predicate notice, and proof of service of the predicate notice. Failure to attach is grounds for dismissal or motion to strike.

I. Holdover damages. Where the tenant willfully holds over after a § 83.57 termination notice and the landlord has demanded possession in writing, double rent under Fla. Stat. § 83.06 may be available. Plead it expressly.

J. CARES Act compliance. For "covered properties" (federally backed mortgages, federally assisted housing), confirm the landlord served a 30-day pre-filing notice under 15 U.S.C. § 9058(c) and plead compliance.

K. Attorney representation of entities. A non-natural-person landlord must be represented by counsel for any act other than filing the complaint. § 83.59(2). A property manager may sign and file the complaint but cannot try the case.

L. Trial-court evidence. Bring the original lease, the original predicate notice and proof of service, the rent ledger, and a witness with personal knowledge of the rent record (often the property manager). Hearsay objections to ledgers are common; prepare a business-records foundation.

M. Tenant counterclaim cap. A tenant counterclaim that exceeds the county-court jurisdictional limit (see § 34.01) may transfer the damages portion to circuit court; the possession portion remains in county court.

13. SOURCES AND REFERENCES

• Fla. Stat. § 83.59 — Right of action for possession: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.59.html
• Fla. Stat. § 83.60 — Defenses; rent registry: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.60.html
• Fla. Stat. § 83.62 — Restoration of possession to landlord: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.62.html
• Fla. Stat. § 83.625 — Final judgment: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.625.html
• Fla. Stat. § 83.595 — Choice of remedies: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.595.html
• Fla. Stat. § 83.48 — Attorney's fees: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.48.html
• Fla. Stat. § 51.011 — Summary procedure: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0051/Sections/0051.011.html
• Fla. Stat. § 34.01 — County court jurisdiction: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0034/Sections/0034.01.html
• Fla. Stat. § 48.183 — Service of process in action for possession: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0048/Sections/0048.183.html
• Fla. R. Civ. P. 1.070 — Process: April 1, 2026 update: https://www-media.floridabar.org/uploads/2026/04/Civil-Procedure-Rules-04-01-26.pdf
• Park Adult Residential Facility, Inc. v. Dan Designs, Inc., 36 So. 3d 811 (Fla. 3d DCA 2010)
• K.D. Lewis Enters. Corp. v. Smith, 445 So. 2d 1032 (Fla. 5th DCA 1984)
• Investment & Income Realty, Inc. v. Bentley, 480 So. 2d 219 (Fla. 5th DCA 1985)
• 50 U.S.C. § 3931 — SCRA non-military affidavit
• 15 U.S.C. § 9058 — CARES Act notice