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: Accrued Rent and Fees
7. Attorney's Fees and Costs
8. Prayer for Relief
9. Verification
10. Signature and Service Block
11. Residential Eviction 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 Premises are a residential dwelling unit within the meaning of Fla. Stat. § 83.43(5).

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(2).

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: ACCRUED RENT AND 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 If possession remains at issue, rent accruing during the proceeding is subject to the court-registry procedure in Fla. Stat. § 83.60(2). If Plaintiff later obtains a writ, or Defendant surrenders or abandons the Premises, Plaintiff reserves any remedy then available under Fla. Stat. § 83.595 and the Lease, subject to proof and the court's jurisdiction.

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 accrued damages in the sum of $[________], prejudgment interest, costs, attorney's fees as provided by contract or statute, and such other relief as the Court deems just and proper. A money judgment requires service sufficient under Fla. Stat. § 83.625 and the Florida Rules of Civil Procedure.

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 rent accrued through filing, late fees, and other recoverable contractual damages in the amount of $[________], subject to service and proof; rent accruing during the case is addressed under § 83.60(2), and any later § 83.595 remedy requires its statutory conditions.

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 penalties of perjury, I declare that I have read the foregoing Complaint for Eviction, that the facts stated in it are true, 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. RESIDENTIAL EVICTION SUMMONS (ISSUED BY CLERK)

Request the current Eviction Summons/Residential, Florida Rule of Civil Procedure Form 1.923(a), or the county clerk's approved equivalent, for each defendant. The clerk issues the summons; arrange service of the summons and complaint through the sheriff or an authorized process server under Fla. Stat. § 48.021. If posting service is used under § 48.183, provide the clerk the extra complaint copy and prestamped envelope for the required mailing. Use the current court-prescribed text and any required translations rather than drafting a shortened notice here. For example, the Miami-Dade clerk publishes separate English, Spanish, Haitian Creole, and French residential eviction summons forms. Check the filing county's clerk for its current form and service instructions.

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. Stat. § 48.183 governs posting and mailing in possession actions. If the tenant cannot be found in the county or no person age 15 or older resides at the tenant's usual abode there, posting at a conspicuous place on the premises is permitted only after at least two unsuccessful attempts at service, at least six hours apart. The landlord must provide the clerk an additional complaint copy and a prestamped envelope addressed to the tenant at the premises; the clerk must mail the summons and complaint by first-class mail. Service is effective on the later of posting or mailing. Posting alone does not support a money judgment against the tenant; seek personal service for a damages claim.

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. If a residential tenant remains after the rental agreement expires without the landlord's permission and refuses to surrender possession, Fla. Stat. § 83.58 permits double the rent due for the holdover period. Plead the applicable facts and amount 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. Nonlawyer agents. Section 83.59(2) generally limits a landlord's nonattorney agent to the complaint's initial filing. The Florida Supreme Court's limited property-manager exception permits a manager using court-approved forms in an uncontested residential nonpayment eviction to file the complaint and motion for default and obtain a default final judgment and writ. A manager cannot litigate a contested case or pursue past-rent damages for the landlord under that exception. For Pinellas County, Sixth Judicial Circuit Administrative Order 2006-070 also requires the landlord's written authorization attached to the complaint and the landlord named as plaintiff. A corporate landlord needs counsel for contested litigation; an individual landlord may appear personally.

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 exceeding county jurisdiction. If a counterclaim exceeds the county court's jurisdictional limit (see § 34.01), Fla. R. Civ. P. 1.170(j) governs transfer of the entire action, subject to its clerk-charge deposit procedure. Under § 34.011(2), the circuit court then resolves every party's demand, including possession.

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. § 34.011(2) — Transfer and resolution of all demands: https://www.flsenate.gov/Laws/Statutes/2026/34.011
• 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: https://www.floridabar.org/rules/ctproc/
• Fla. R. Civ. P. forms 1.923(a) and 1.923(b), and rule 1.170(j): https://www.floridabar.org/rules/ctproc/
• Miami-Dade Clerk, residential eviction summons and translations: https://www.miamidadeclerk.gov/clerk/landlord-tenant-disputes.page
• Sixth Judicial Circuit Administrative Order 2006-070, uncontested residential evictions: https://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2006/2006-070.htm
• Lombardi v. Howarth, No. 18-AP-56 (Fla. 6th Cir. App. Div. 2020) (entire case transfer): https://www.jud6.org/LegalCommunity/LegalPractice/opinions/appellatedivisionopinions/2020/18-AP-00056-WS%20-%20Lombardi.html
• 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)
• 50 U.S.C. § 3931 — SCRA non-military affidavit
• 15 U.S.C. § 9058 — CARES Act notice