Free Florida Eviction Complaint – Non-Payment of Rent | Fillable PDF

🏛️ Florida Eviction Complaint – Non-Payment

County Court Eviction for Non-Payment of Rent

⚠️ BEFORE FILING: Make Sure 3-Day Notice Period Expired

Cannot file until 3-day notice period is over:

  • Served 3-day notice? Must wait for 3 business days to expire
  • Tenant didn’t pay? Confirm no payment received
  • Tenant didn’t vacate? Still occupying the property
  • Have proof? Copy of notice and proof of delivery required
  • Only then: Can file this eviction complaint

📋 What This Complaint Does

Starts the eviction lawsuit in County Court:

  • Legal action: Asks court to evict tenant for non-payment
  • Seeks possession: Request to regain property
  • Can seek damages: Unpaid rent, court costs, attorney fees
  • Filed in County Court: Where property is located
  • Tenant has 5 days: To file answer after being served

✅ What You Need to File

  • This completed complaint (3 copies)
  • Copy of 3-day notice (served to tenant)
  • Proof of service (certified mail receipt or affidavit)
  • Copy of lease (if written lease exists)
  • Filing fee ($185+ depending on county and amount)
  • Summons form (court will issue after filing)

📝 Eviction Complaint Form

Court Information

File in County Court where rental property is located

Court clerk will provide case number when you file

Plaintiff (Landlord) Information

Legal name of property owner or authorized agent

Defendant (Tenant) Information

List all tenants named on lease or known occupants

Rental Agreement Details

3-Day Notice Information

Amount Owed

Only if specified in rental agreement and reasonable

Utility charges, pet fees if in lease

Total Damages Sought:

Unpaid Rent: $0.00

Late Fees: $0.00

Other Charges: $0.00

TOTAL: $0.00

Relief Requested

Additional Information

Verification

📋 Plaintiff Verification Required

You must verify under oath that:

  • All statements in complaint are true and correct
  • You have personal knowledge of the facts
  • 3-day notice was properly served
  • Tenant failed to pay or vacate
  • Amounts stated are accurate

📚 Eviction Complaint Filing Guide

Legal Authority: Florida eviction (unlawful detainer) for non-payment of rent filed in County Court where property located. After 3-day notice expires without tenant paying or vacating, landlord may file complaint seeking possession and damages. Complaint must state facts, attach copy of notice and proof of service. Court issues summons. Tenant has 5 days to respond. If no response, landlord can seek default judgment. If tenant responds, hearing scheduled. Filing fee approximately $185+ depending on county and amount sought.

Understanding the Eviction Process

Step-by-step eviction timeline:

  1. 3-Day Notice: Serve tenant with 3-day pay or quit notice
  2. Wait 3 business days: Let notice period expire
  3. File complaint: Submit this form to County Court (YOU ARE HERE)
  4. Pay filing fee: Approximately $185+ to court clerk
  5. Court issues summons: Sheriff or process server delivers to tenant
  6. 5-day response period: Tenant has 5 days to file answer
  7. If no answer: File for default judgment
  8. If answer filed: Hearing scheduled (usually within 2-3 weeks)
  9. Final judgment: Judge rules for landlord or tenant
  10. Writ of possession: If landlord wins, get writ to remove tenant
  11. Sheriff execution: Sheriff gives tenant 24 hours, then removes

Where to File

County Court location:

  • File in county where property located: Not where you live
  • County Court handles evictions: Not Circuit Court
  • Find courthouse: Search “[County Name] County Court Florida”
  • Civil division: Usually handles eviction cases
  • Hours: Typically 8:30 AM – 5:00 PM weekdays

Filing Fees and Costs

💰 Expected Costs

Filing fees (varies by county):

  • Base filing fee: $185-$400 depending on amount sought
  • Service of summons: $40-$75 (Sheriff or process server)
  • Writ of possession: $50-$100 (if you win)
  • Sheriff execution of writ: $75-$150
  • Total estimate: $350-$725 for full eviction
  • May recover from tenant: If you win, can add to judgment

Required Documents

✅ Bring These to Court Clerk

  • Completed complaint: This form (3 copies)
  • Copy of 3-day notice: Original notice served to tenant
  • Proof of service: Certified mail receipt or affidavit of service
  • Copy of lease: If written lease exists
  • Rent ledger: Showing payments and amounts owed (helpful)
  • Filing fee: Cash, check, or card (check court’s accepted payments)
  • Photo ID: Government-issued identification

After Filing

What happens next:

  • Court assigns case number: Keep this for all future filings
  • Summons issued: Court creates summons for tenant
  • Service arranged: Sheriff or process server delivers summons and complaint to tenant
  • Affidavit of service filed: Proof tenant was served
  • 5-day clock starts: Tenant has 5 days from service to respond
  • Monitor case: Check with clerk or online for tenant’s response

If Tenant Doesn’t Respond

Default judgment process:

  1. Wait 5 days: After tenant is served
  2. Verify no response: Check with court clerk
  3. File motion for default: Request default judgment
  4. File affidavit of damages: Detail rent owed
  5. May need hearing: Some judges require brief hearing
  6. Final judgment entered: Court rules in your favor
  7. Request writ: File for writ of possession

If Tenant Responds

Contested eviction process:

  • Tenant files answer: Within 5 days of service
  • Review tenant’s defenses: See what they claim
  • Common defenses:
    • Already paid rent
    • Landlord didn’t maintain property
    • Notice was improper
    • Amount claimed is wrong
    • Retaliatory eviction
    • Discrimination
  • Hearing scheduled: Usually 2-3 weeks out
  • Prepare evidence: Lease, notices, photos, receipts, ledger
  • Attend hearing: Present your case to judge
  • Judge decides: Rules for landlord or tenant

Common Mistakes

❌ Errors That Cause Dismissal

  • Filing too soon: Before 3-day notice expires
  • Wrong amount: Claiming more than notice stated
  • No proof of service: Can’t prove tenant got 3-day notice
  • Improper notice: 3-day notice had errors
  • Accepted rent: Taking partial payment after serving notice
  • Wrong court: Filing in wrong county
  • Missing documents: Didn’t attach notice or lease
  • Wrong defendant: Suing wrong person or missing tenants

Best Practices

✅ Maximize Success

  • Wait full 3 days: Don’t file too soon
  • Accurate amounts: Match exactly what 3-day notice stated
  • Complete documents: Attach all required papers
  • Keep copies: Make copies of everything you file
  • Organize evidence: Rent ledger, photos, lease, notices
  • Be professional: Courteous to court staff
  • Follow up: Monitor case status regularly
  • Attend all hearings: Don’t miss court dates
  • Consider attorney: For complex cases or valuable properties

⚖️ Legal Disclaimer

This form is provided for informational purposes only and does not constitute legal advice. Eviction complaints for non-payment of rent must be filed in County Court where property is located. Must wait until 3-day notice period expires. Complaint must include copy of notice and proof of service. Filing fee approximately $185+ depending on county and amount sought.

Strict procedures required. Tenant has 5 days after service to file answer. If no answer, file for default judgment. If answer filed, hearing will be scheduled. Must present evidence: lease, notices, rent records, photos. Judge will rule for landlord or tenant. If landlord wins, get final judgment and writ of possession for Sheriff to execute.

Consider legal counsel. Eviction law is complex and mistakes cause dismissal. For contested cases or valuable properties, consult real estate attorney. For questions about eviction procedures in Florida County Court, seek legal advice.