Free Florida Florida Eviction Complaint (Non-Payment)
Florida Eviction Complaint (Non-Payment) — Initiates a Florida eviction for nonpayment of rent after a 3-day notice has expired. Filed by the landlord in county court. Conform to Florida County Court rules and F.S. § 83.56(3).
A Florida eviction complaint for nonpayment of rent is filed after a tenant fails to pay rent and the statutory 3-day notice has expired. Under F.S. § 83.56(3), the landlord must first serve a 3-day notice to pay rent or vacate (excluding weekends and legal holidays). If the tenant does not pay within the 3 days, the landlord files a complaint for possession under F.S. § 83.59 in county court. The complaint must attach the lease and the 3-day notice. Importantly, a Florida tenant contesting a nonpayment eviction generally must deposit the disputed rent into the court registry under F.S. § 83.60(2) to assert defenses. This form does not replace the official court forms or legal advice.
Florida Eviction (Non-Payment) at a Glance
Statute
F.S. § 83.56(3)
Court
Florida County Court
Filed by
Landlord / Attorney
Authority
F.S. § 83.56(3)
This is a legal filing — conform to local court rules
Court forms must conform to the rules of Florida County Court and the applicable statute (F.S. § 83.56(3)). Filing requirements, formatting, fees, and service rules vary by court and change over time. This worksheet helps organize the required information; it is not a substitute for the official court forms or for legal advice. When in doubt, consult an attorney or the court clerk.
How to Use the Florida Eviction (Non-Payment)
Identify when the disclosure is required
Confirm the prerequisite is met: a valid Florida 3-day notice to pay rent or vacate under F.S. § 83.56(3) has been served and expired without payment.
Prepare the notice
Gather the underlying documents: lease, the notice served and proof of its service, and a rent ledger if applicable.
Provide the disclosure
Complete this worksheet with the parties, property, grounds, notice details, and relief sought.
Follow statutory timeline
Transfer the information to the official Florida County Court form(s); pay the filing fee and file in the correct court/precinct.
Document the process
Arrange proper service of process on the tenant and file proof of service. Appear at the hearing.
Generate the Florida Notice
Complete the fields below to generate a Florida Florida eviction complaint for non-payment. Service should comply with per F.S. § 83.56(3) and Florida County Court rules; retain proof of delivery.
Purpose
Initiates a Florida eviction for nonpayment of rent after a 3-day notice has expired. Filed by the landlord in county court.
1. Parties & Property
From (Landlord / Property Manager)
To (Tenant)
2. Filing Information
3. Notice Content
4. Signature
About This Florida Notice
A Florida eviction complaint for nonpayment of rent is filed after a tenant fails to pay rent and the statutory 3-day notice has expired. Under F.S. § 83.56(3), the landlord must first serve a 3-day notice to pay rent or vacate (excluding weekends and legal holidays). If the tenant does not pay within the 3 days, the landlord files a complaint for possession under F.S. § 83.59 in county court. The complaint must attach the lease and the 3-day notice. Importantly, a Florida tenant contesting a nonpayment eviction generally must deposit the disputed rent into the court registry under F.S. § 83.60(2) to assert defenses. This form does not replace the official court forms or legal advice.
Florida Statutory Requirements
- F.S. § 83.56(3) governs the filing
- Valid predicate: a valid Florida 3-day notice to pay rent or vacate under F.S. § 83.56(3) has been served and expired without payment
- Correct court / venue
- Complete petition/complaint contents
- Proper service of process with proof filed
- Filing fee paid
Delivery Methods
- File with the court clerk (e-file where required)
- Serve the opposing party per the applicable service rule
- File proof of service with the court
- Keep stamped copies of everything filed
Common Mistakes
- Filing before the predicate notice has expired
- Defective or improperly served notice
- Wrong court or precinct
- Incomplete description of premises or grounds
- Improper service of process
- Using self-help instead of the court process
Best Practices
- Confirm the predicate is satisfied (a valid Florida 3-day notice to pay rent or vacate under F.S. § 83.56(3) has been served and expired without payment)
- Attach the lease and the served notice
- File in the correct court/precinct
- Describe parties, premises, and grounds precisely
- Effect proper service and file proof
- Never use self-help eviction
- Consult counsel for contested cases
Bottom line
A Florida eviction complaint for non-payment must rest on a valid predicate (a valid Florida 3-day notice to pay rent or vacate under F.S. § 83.56(3) has been served and expired without payment) and conform to F.S. § 83.56(3) and Florida County Court’s rules. Proper notice and proper service are the most common failure points. This worksheet organizes the required information but does not replace the official court forms or legal advice.
Frequently Asked Questions
What is a Florida eviction complaint for non-payment?
Initiates a Florida eviction for nonpayment of rent after a 3-day notice has expired. Filed by the landlord in county court.
What must happen before filing?
The predicate must be satisfied: a valid Florida 3-day notice to pay rent or vacate under F.S. § 83.56(3) has been served and expired without payment. The matter proceeds under F.S. § 83.56(3) in Florida County Court.
Which court handles this?
Florida County Court, under F.S. § 83.56(3). File in the court for the location where the property sits.
Can I use this instead of the official court form?
No. This is an organizing worksheet. The official Florida County Court form(s) and current local rules control. Use this to prepare, then complete the official forms.
What is the most common mistake?
Filing before the notice has expired, or defective/improper service of the notice or process. Both are avoidable with careful attention to dates and service.
Do I need a lawyer?
These proceedings are technical and the stakes are high. While self-representation is allowed, consulting an attorney (or Florida County Court’s self-help center) is strongly recommended, especially if the case is contested.
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