Eviction Notice and Complaint for Removal of Tenant Package — Florida

FLORIDA EVICTION NOTICE AND COMPLAINT FOR REMOVAL OF TENANT PACKAGE

TABLE OF CONTENTS

1. Package Overview
2. Part A — Statutory Notice (3-Day / 7-Day Cure / 7-Day Quit / 15-Day / 60-Day)
3. Part B — Certificate of Service of Notice
4. Part C — Complaint for Removal of Tenant and Damages
5. Part D — Verification
6. Part E — Non-Military Affidavit
7. Part F — Demand for Jury Trial
8. Florida Practice Notes
9. Sources and References

1. PACKAGE OVERVIEW

This package contains the pre-litigation Statutory Notice under Fla. Stat. § 83.56 and the Complaint for Removal of Tenant and Damages (a two-count complaint for possession and rent/damages) filed in County Court under § 83.59. Landlord must serve the statutorily prescribed notice, allow the cure or quit period to expire, and then file the Complaint with the official Florida Supreme Court Eviction Claim Form (rule 1.923).

2. PART A — STATUTORY NOTICE (3-Day / 7-Day Cure / 7-Day Quit / 15-Day / 60-Day)

[CHECK ONE — select the statutorily prescribed notice]

• ☐ 3-DAY NOTICE TO PAY RENT OR QUIT (Fla. Stat. § 83.56(3)) — nonpayment
• ☐ 7-DAY NOTICE TO CURE (Fla. Stat. § 83.56(2)(b)) — curable lease violation
• ☐ 7-DAY UNCONDITIONAL NOTICE TO QUIT (Fla. Stat. § 83.56(2)(a)) — incurable or repeat violation
• ☐ 15-DAY NOTICE (Fla. Stat. § 83.57(3)) — month-to-month termination
• ☐ 60-DAY NOTICE (Fla. Stat. § 83.57(1)) — year-to-year termination
• ☐ 30-DAY CARES ACT NOTICE — federally covered dwellings (15 U.S.C. § 9058)

NOTICE TO [TENANT(S) FULL LEGAL NAME(S)] AND ALL OCCUPANTS

Premises Address: [________________________________], [CITY], [COUNTY] County, Florida [ZIP] (the "Premises")

Date of Notice: [__/__/____]

Landlord / Owner / Agent: [________________________________]

Address for Payment / Notices: [________________________________]

Phone / Email: [________________________________]

IF 3-DAY NOTICE TO PAY RENT OR QUIT (Fla. Stat. § 83.56(3))

You are hereby notified that you are indebted to me in the sum of $[____] for the rent and use of the premises located at [PREMISES ADDRESS], [COUNTY] County, Florida, now occupied by you, and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the [____] day of [_______________], 20[____].

[LANDLORD NAME]

[LANDLORD ADDRESS]

[LANDLORD PHONE]

This Notice demands rent only. It does not include late fees, returned-check fees, or other non-rent charges, in conformity with the statutory form.

IF 7-DAY NOTICE TO CURE (Fla. Stat. § 83.56(2)(b))

You are hereby notified that [DESCRIBE NONCOMPLIANCE — e.g., "you have an unauthorized pet on the premises in violation of paragraph __ of your lease"]. Demand is hereby made that you remedy the noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination. If this same conduct or conduct of a similar nature is repeated within 12 months, your tenancy is subject to termination without further warning and without your being given an opportunity to cure the noncompliance.

IF 7-DAY UNCONDITIONAL NOTICE TO QUIT (Fla. Stat. § 83.56(2)(a))

You are advised that your lease is terminated effective immediately. You shall have 7 days from the delivery of this letter to vacate the premises. This action is taken because [DESCRIBE NONCOMPLIANCE — e.g., "intentional destruction of landlord's property," "continued unreasonable disturbance," or "second occurrence within 12 months of [violation]"].

IF 15-DAY OR 60-DAY NOTICE OF TERMINATION (Fla. Stat. § 83.57)

You are hereby notified that the [month-to-month / year-to-year] tenancy at the Premises is terminated effective at the end of the current rental period on [__/__/____]. You must surrender possession on or before that date. This notice is given pursuant to Fla. Stat. § 83.57([1 / 3]).

SIGNATURE BLOCK — NOTICE

Dated: [__/__/____]

[________________________________]

[LANDLORD / AGENT NAME], [TITLE]

3. PART B — CERTIFICATE OF SERVICE OF NOTICE

I, [SERVER NAME], certify under penalty of perjury that on [__/__/____] at approximately [____] [a.m./p.m.], I delivered the foregoing Notice on [TENANT NAME] at the Premises in the manner indicated below, as authorized by Fla. Stat. § 83.56(4):

• ☐ Personal delivery to the tenant.
• ☐ Mailing by U.S. Mail to the address of the dwelling unit.
• ☐ Posting in a conspicuous place on the Premises (after the tenant was absent or refused service) — "post and mail" if no resident is reasonably available.

[________________________________]

[SERVER NAME], Declarant

Address: [________________________________]

4. PART C — COMPLAINT FOR REMOVAL OF TENANT AND DAMAGES

IN THE COUNTY COURT IN AND FOR [COUNTY] COUNTY, FLORIDA

Case No.: [________________________________]

TWO-COUNT COMPLAINT FOR REMOVAL OF TENANT (Count I) AND DAMAGES (Count II)

(In accordance with Florida Rule of Civil Procedure 1.923 — Eviction Claim Form)

Plaintiff sues Defendant and alleges:

GENERAL ALLEGATIONS COMMON TO ALL COUNTS

1. This is an action to remove a tenant from real property and for damages. The amount in controversy is $[____], exclusive of interest, costs, and attorney's fees, which is within the jurisdictional limits of this Court (Fla. Stat. § 34.01).

2. Venue lies in [COUNTY] County, Florida, where the Premises are situated.

3. Plaintiff is the owner / landlord / authorized agent of the Premises located at [ADDRESS], [CITY], [COUNTY] County, Florida [ZIP] (the "Premises").

4. Defendant [TENANT NAME] entered into possession pursuant to a [written / oral] rental agreement dated [__/__/____] at a monthly rent of $[____] payable in advance on the [____] day of each month.

5. The Premises [☐ is / ☐ is not] a "dwelling unit" within the meaning of Fla. Stat. § 83.43(2), and [☐ is / ☐ is not] subject to the Florida Residential Landlord and Tenant Act, Fla. Stat. §§ 83.40–83.683.

6. The Premises [☐ is / ☐ is not] a "covered dwelling" under the CARES Act, 15 U.S.C. § 9058.

COUNT I — REMOVAL OF TENANT (POSSESSION)

7. Plaintiff readopts and incorporates paragraphs 1 through 6 above.

8. Defendant has defaulted under the rental agreement by [☐ failing to pay rent of $[____] for the period [__/__/____] through [__/__/____] / ☐ materially breaching the following covenant: ____________ / ☐ holding over after termination of the tenancy on [__/__/____]].

9. On [__/__/____], Plaintiff served upon Defendant the statutorily required [3-Day / 7-Day Cure / 7-Day Quit / 15-Day / 60-Day] Notice pursuant to Fla. Stat. § [83.56(3) / 83.56(2)(b) / 83.56(2)(a) / 83.57]. A true and correct copy of the Notice is attached as Exhibit "A"; the Certificate of Service is Exhibit "B".

10. More than the statutory period has elapsed since service of the Notice, and Defendant has failed to [pay the rent demanded / cure the violation / vacate the Premises].

11. Defendant is in wrongful possession of the Premises, and Plaintiff is entitled to immediate possession pursuant to Fla. Stat. § 83.59.

WHEREFORE, Plaintiff demands judgment against Defendant for possession of the Premises, costs, and reasonable attorney's fees pursuant to Fla. Stat. § 83.48 and the rental agreement.

COUNT II — DAMAGES (RENT / HOLDOVER)

12. Plaintiff readopts and incorporates paragraphs 1 through 11 above.

13. Defendant owes Plaintiff $[____] in unpaid rent through [__/__/____], plus accruing rent and per-diem holdover damages at twice the monthly rent under Fla. Stat. § 83.58 in the amount of $[____] per day until possession is surrendered.

14. Defendant is liable for double rent under Fla. Stat. § 83.58 for the period of holdover, beginning [__/__/____].

15. The rental agreement provides for attorney's fees to the prevailing party; alternatively, Plaintiff seeks fees under Fla. Stat. § 83.48.

WHEREFORE, Plaintiff demands judgment against Defendant in the principal amount of $[____], plus double rent for holdover under § 83.58, pre-judgment interest, costs, and reasonable attorney's fees, and such other and further relief as the Court deems just and proper.

NOTICE OF RENT REGISTRY DEPOSIT REQUIREMENT (§ 83.60(2))

PURSUANT TO FLA. STAT. § 83.60(2), DEFENDANT-TENANT IS HEREBY NOTIFIED THAT, IF DEFENDANT WISHES TO RAISE ANY DEFENSE OTHER THAN PAYMENT, DEFENDANT MUST PAY INTO THE COURT REGISTRY THE PAST-DUE RENT ALLEGED IN THE COMPLAINT (PLUS ACCRUING RENT) WITHIN FIVE (5) DAYS AFTER SERVICE OF SUMMONS, OR AS OTHERWISE ORDERED BY THE COURT. FAILURE TO DEPOSIT RENT INTO THE COURT REGISTRY CONSTITUTES AN ABSOLUTE WAIVER OF DEFENSES (OTHER THAN PAYMENT), AND THE LANDLORD IS ENTITLED TO AN IMMEDIATE DEFAULT JUDGMENT FOR POSSESSION.

SIGNATURE — COMPLAINT

Dated: [__/__/____]

[________________________________]

[LAW FIRM NAME / PLAINTIFF (pro se)]

[ATTORNEY NAME], Florida Bar No. [####] (if attorney)

[ADDRESS]

Telephone: [NUMBER]

Email (Primary): [EMAIL]

Email (Secondary): [EMAIL]

5. PART D — VERIFICATION

Under penalties of perjury, I declare that I have read the foregoing Complaint and that the facts stated in it are true to the best of my knowledge and belief (Fla. R. Civ. P. 1.110(b); Fla. Stat. § 92.525).

Date: [__/__/____]

[________________________________]

[LANDLORD NAME], Plaintiff

6. PART E — NON-MILITARY AFFIDAVIT

STATE OF FLORIDA

COUNTY OF [COUNTY]

I, [AFFIANT NAME], being first duly sworn, depose and state:

1. I have personal knowledge of the facts stated herein.

2. ☐ Based on a search of the Department of Defense Manpower Data Center, [TENANT NAME] is NOT on active military duty within the meaning of the Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq. A copy of the SCRA single-record response is attached.

3. ☐ [TENANT NAME] IS on active military duty; protections under the SCRA and Fla. Stat. § 83.682 (servicemember termination) apply.

4. ☐ I am unable to determine the military status of Defendant.

[________________________________]

[AFFIANT NAME]

Sworn to and subscribed before me this [____] day of [_______________], 20[____], by [AFFIANT], who is personally known to me / produced [ID] as identification.

[________________________________]

Notary Public, State of Florida

(Commission expires: [_______________])

7. PART F — DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable as of right.

8. FLORIDA PRACTICE NOTES

• Rent into registry — § 83.60(2). This is the most powerful landlord remedy. A tenant who fails to deposit past-due and accruing rent into the court registry within 5 days of service waives all defenses other than payment, and the landlord is entitled to immediate default for possession. Always plead the registry-deposit warning.
• 3-day count. Exclude Saturdays, Sundays, and legal holidays (court-observed). Day 1 is the day after delivery (or, if mailed, after the time required for mailing to be effective — generally 5 days; best practice is hand delivery or posting).
• No fees in 3-day notice. The notice may demand only rent. Including late fees, returned-check fees, or other charges renders the notice defective and is the leading cause of eviction dismissal.
• Two-count complaint. Count I (Possession) requires service by posting and mail or personal service. Count II (Damages) requires PERSONAL service for any in personam money judgment.
• Double rent under § 83.58. Once tenancy is terminated by notice, holdover tenants owe double the monthly rent under § 83.58. Plead and prove this remedy.
• Attorney's fees. Florida Stat. § 83.48 makes attorney's-fee provisions reciprocal — even if the lease only gives fees to landlord, the tenant gets equal rights to fees. Pleading must specifically request fees.
• Mobile-home parks. Chapter 723 governs and provides separate notice / cause requirements. DO NOT use Chapter 83 forms for mobile-home lot tenancies.
• CARES Act 30-day notice. Properties with federally backed mortgages, project-based Section 8, LIHTC, etc., still require 30-day notice before a Chapter 83 notice may be served.
• Hurricane / state of emergency. Local emergency orders may suspend evictions or modify notice periods (e.g., post-disaster moratoria). Verify county and municipal orders.
• Service of summons. Sheriff or certified process server. Tenant has 5 business days to file Answer (Fla. Stat. § 51.011) — much shorter than the standard 20-day period.
• Writ of possession. Issued by clerk after final judgment; sheriff posts 24-hour notice before removing tenant. Tenant has no statutory right of redemption after final judgment.
• No retaliatory eviction. Fla. Stat. § 83.64 prohibits retaliation for tenant's good-faith complaint to government agencies, organization of tenants, etc.

9. SOURCES AND REFERENCES

• Fla. Stat. Ch. 83, Part II — Florida Residential Landlord and Tenant Act — https://www.leg.state.fl.us/Statutes/
• Fla. R. Civ. P. 1.923 — Eviction Claim Form
• Fla. Sm. Cl. R. 7.010 (small-claims procedures)
• Florida Bar Tenant's Handbook / Bay Area Legal Services
• Park Avenue B.V.D., Inc. v. Doe, 5 Fla. L. Weekly Supp. (county ct.) (notice content)
• K.D. Lewis Enters. Corp. v. Smith, 445 So. 2d 1032 (Fla. 5th DCA 1984) (statutory notice strict construction)
• CARES Act § 4024 — 15 U.S.C. § 9058
• Servicemembers Civil Relief Act — 50 U.S.C. § 3901 et seq.; Fla. Stat. § 83.682

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Florida must review and customize this document before service or filing. Mobile-home / lot tenancies under Chapter 723 use different procedures; CARES Act–covered properties require additional notice. Verify all authorities and local emergency orders before use.