Florida Complaint for Eviction & Damages

Landlords shall file the original complaint and sufficient copies for each tenant after either 3 or 7 days have passed, not including Saturday, Sunday or legal holidays. A copy of the notice plus a copy of the lease, if one exists, must accompany each copy of the complaint. The complaint must be signed in the presence of a deputy clerk or notarized by a notary public. Download this document, print and fill in the necessary information. Note that this complaint can ONLY be filed after the tenant has been served with either a 3 or 7 Day Notice. If the tenant has not been previously served, start there.

Who: A tenant who ignores the 3 or 7 Day Notice. Once the tenant has been served, he or she has 3 or 7 days (depending on the notice in question) to follow through. If they do not leave the property (or make the situation right), then you need to proceed with the eviction process. Filing this complaint with your county’s court is the next step in that process.

What: This is a formal Complaint for Eviction and Damages. You (the landlord) will need to file this complaint with the court. It must be filled in and notarized by a notary public or completed in the presence of a county deputy clerk. It cannot be completed and mailed or turned in without notarization.

The formal complaint tells the court that you are seeking assistance in evicting a tenant from the property in question, as well as damages (this could be back rent, money needed for repairs caused by the tenant, and more).

When: The complaint should be filed after the necessary 3 or 7 days have passed (not including weekends and legal holidays) from when the tenant was served the notice.

Understanding the Complaint’s Terms:

• Name of Tenant: Your tenant’s legal name
• Defendant: Your name (the landlord)
• County: The county in which the property is located
• Described Real Property: The address or description of the rental property (include the unit number if applicable)
• Rental Amount: The amount of rent the tenant owes
• Payable: How you are willing to accept those payments (weekly, lump sum, etc.)
• Exhibit A: This should be a copy of the lease agreement with the tenant’s name and signature

Resources:

• Sample Florida Lease Agreement
• Florida’s Law Summary
• Further Reading: Move Out and Eviction Articles

Tips and Tricks for Landlords: Make sure you’re very familiar with the language of the lease before starting the eviction process. You may also find it helpful to hire an attorney with experience in the eviction process.

Florida State Specific Documents

• Florida Landlord-Tenant Brochure (Chapter 83 Part II): This brochure was developed by the Florida Department of Agriculture and Consumer Services to answer frequently asked questions regarding landlord/tenant law.
• Florida 3-Day Notice to Pay Rent: In FL, a 3-day notice must be served before initiating eviction proceedings.
• Florida 7-Day Notice of Noncompliance: This form is used to give a Tenant 7 days to cure a Lease violation.
• Florida 7-Day Notice to Vacate: This form is used when a Tenant breaks the Lease and there is no option for the Tenant to cure the defect.
• Florida Complaint for Eviction and Damages: If a Tenant does not comply after a 3 and 7-Day Notice, Landlords can use this form to initiate eviction proceedings.
• Florida Notice of Right to Reclaim Abandoned Property (less than $500): This form notifies the tenant that they have abandoned property remaining in the rental unit. This notice is used when the property is valued under $500.
• FL Notice to Reclaim Abandoned Property ($500 or more): This form is used if a former tenant has left personal belongings in the rental unit after vacating. The value of such items is estimated to be $500 or more.
• Florida Notice to Impose a Claim on the Security Deposit: This form must be used whenever Landlords withhold a portion of the Tenant’s security deposit.

State-Specific Forms