Florida Eviction Filing Checklist

Florida Eviction Filing Checklist

Court: County Court, [________________________________] County
Case Number: [________________________________]
Plaintiff (Landlord): [________________________________]
Defendant (Tenant): [________________________________]
Property Address: [________________________________]
Filing Attorney: [________________________________]
Date Prepared: [__/__/____]

I. Grounds for Eviction

☐ Nonpayment of rent
☐ Lease violation (curable)
☐ Lease violation (non-curable)
☐ Holdover after lease expiration
☐ Other: [________________________________]

II. Notice Requirements

Three-Day Notice (Nonpayment)

☐ Three-day notice to pay rent or vacate
☐ Excludes weekends and legal holidays
☐ Specific rent amount stated
☐ Notice served: [__/__/____]
☐ Notice period expired: [__/__/____]

Seven-Day Notice (Curable Violation)

☐ Seven-day notice to cure or vacate
☐ Violation specifically described
☐ Notice served: [__/__/____]

Seven-Day Unconditional Quit (Non-Curable)

☐ Seven-day notice to vacate
☐ Repeated violation or intentional destruction
☐ Notice served: [__/__/____]

Notice Delivery Methods

☐ Personal delivery
☐ Leave at residence AND mail
☐ Post on door AND mail

III. Filing the Complaint

Required Documents

☐ Complaint for Eviction/Possession
☐ Copy of lease agreement
☐ Copy of notice served
☐ Summons

Summary Procedure

☐ Evictions use summary procedure
☐ Expedited timeline

IV. Filing Fee

☐ Filing fee: Approximately $185+ (varies by county)
☐ Fee paid

V. Service of Process

☐ Personal service by sheriff or process server
☐ Service completed: [__/__/____]

VI. Tenant Response

☐ Tenant has 5 business days to respond
☐ Excludes weekends and legal holidays
☐ Response deadline: [__/__/____]

VII. Default and Hearing

If No Response (Default)

☐ Motion for Default
☐ Motion for Final Judgment

If Response Filed

☐ Hearing scheduled: [__/__/____]
☐ Both parties present evidence
☐ Judgment for possession

VIII. Writ of Possession

☐ Request Writ of Possession after judgment
☐ Writ issued to sheriff
☐ 24-hour notice posted by sheriff
☐ Tenant removed if not vacated

IX. Rent Claims

☐ Past-due rent claimed: $[________________]
☐ Money judgment included in eviction
☐ Or separate action if over county court limit

Sources and References

• Florida Statutes Chapter 83: http://www.leg.state.fl.us/statutes
• Florida Courts Eviction Information

Prepared by: [________________________________]
Date: [__/__/____]