Florida Eviction Complaint
Lease Violation – Florida Statutes § 83.56
This complaint is filed when a tenant has violated the lease agreement and failed to cure the violation after proper notice. The landlord must have served a 7-Day Notice to Cure (for curable violations) or 7-Day Unconditional Quit Notice (for incurable violations) before filing this complaint.
📋 Eviction Process for Lease Violations
- Serve 7-Day Notice – Notice to Cure (curable) or Unconditional Quit (incurable)
- Wait for Notice Period – Allow full 7 days to expire
- File This Complaint – Submit to County Court with filing fee
- Serve Tenant – Sheriff or process server delivers summons
- Court Hearing – Attend eviction hearing (typically 5-7 days)
- Obtain Judgment – If successful, receive Writ of Possession
🏛️ Court Information
Filing Location: File this complaint at the County Court in the county where the rental property is located. Filing fees vary by county (typically $185-$300).
👤 Plaintiff (Landlord/Property Owner)
👥 Defendant(s) (Tenant)
🏠 Subject Property
📋 Lease Information
⚠️ Lease Violation Details
Incurable Violations: Under § 83.56(2)(a), violations that cannot be cured include destruction/damage/misuse of premises, repeated violations within 12 months, or violations creating an unreasonable disturbance.
📨 Prior Notice Served
⚖️ Relief Requested
✅ Verification
Plaintiff/Attorney Signature
Florida Eviction for Lease Violations
⚠️ Legal Notice: Eviction is a legal process with strict procedural requirements. This form is for informational purposes only. Consider consulting with a Florida attorney for complex evictions.
Understanding Lease Violation Evictions in Florida
When a tenant violates the terms of their lease agreement, Florida landlords have the right to pursue eviction under Florida Statutes § 83.56. Unlike non-payment evictions that use a 3-day notice, lease violation evictions require a 7-day notice period and follow different procedures depending on whether the violation is “curable” or “incurable.”
Types of Lease Violations
Curable Violations (7-Day Notice to Cure)
These are violations the tenant can fix within the notice period:
- Unauthorized pets that can be removed
- Unauthorized occupants who can move out
- Failure to maintain property cleanliness
- Minor lease term violations
- Parking violations
- Noise violations (first offense)
Incurable Violations (7-Day Unconditional Quit)
These violations cannot be cured and require immediate termination:
- Intentional destruction of property
- Illegal drug activity on premises
- Violent or dangerous behavior
- Repeated violations within 12 months
- Unreasonable disturbances continuing after warning
- Material misrepresentation on rental application
The Eviction Process for Lease Violations
| Step | Action | Timeline |
|---|---|---|
| 1 | Serve 7-Day Notice (Cure or Unconditional) | Day 0 |
| 2 | Wait for notice period to expire | 7 days |
| 3 | File Eviction Complaint at County Court | Day 8+ |
| 4 | Court issues Summons | 1-3 days |
| 5 | Tenant served by Sheriff/Process Server | 1-5 days |
| 6 | Tenant has 5 days to respond | 5 days |
| 7 | Court hearing (if tenant responds) | As scheduled |
| 8 | Judgment and Writ of Possession | After hearing |
| 9 | Sheriff executes Writ (tenant removal) | 24-48 hours after Writ |
Common Mistakes to Avoid
- Wrong notice type: Using a 3-day notice for lease violations instead of 7-day
- Filing too early: Filing before the full notice period expires
- Improper service: Not properly serving the notice or complaint
- Vague violations: Not specifically identifying which lease terms were violated
- No documentation: Failing to document the violations with evidence
- Self-help eviction: Changing locks, removing belongings, or shutting off utilities
Tenant Defenses
Tenants may raise various defenses to a lease violation eviction:
- Violation did not actually occur
- Violation was cured within the notice period
- Notice was not properly served
- Landlord waived the violation by accepting rent after knowledge
- Retaliatory eviction (filing after tenant complained about conditions)
- Discriminatory eviction
⚠️ Legal Disclaimer
This eviction complaint form is provided for informational purposes only and does not constitute legal advice. Eviction law is complex and procedural errors can result in case dismissal or delays. Consider consulting with a qualified Florida attorney, especially for contested evictions or complex situations. Court rules and filing requirements vary by county.
