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Florida Eviction Packet for Failure to Pay Rent and Damages (Back Rent)

State:
Florida
Control #:
FL-SKU-1015
Format:
PDF
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Description

Eviction Packet for Failure to Pay Rent and Damages (Back Rent)

The Florida Eviction Packet for Failure to Pay Rent and Damages (Back Rent) is a comprehensive document package designed for landlords and tenants in the state of Florida. It includes all the forms and information necessary to file an eviction in the state of Florida for failure to pay rent and damages. The packet includes a Complaint for Eviction and Damages, which is the legal document used to initiate an eviction; a Summons, which is the document used to notify the tenant of the eviction; an Affidavit of Service, which is used to prove that the tenant was served with the Complaint and Summons; and a Notice to Vacate, which must be given to the tenant in order for the eviction to proceed. The packet also includes instructions for filing the eviction and other important information about the eviction process. There are two types of Florida Eviction Packet for Failure to Pay Rent and Damages (Back Rent): one for Residential Tenants and one for Commercial Tenants.

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FAQ

On average, it takes 20 - 37 days to evict a resident of your rental property in Florida if the eviction is not contested in court.

If the security deposit doesn't cover all the damages caused by a tenant, a landlord is entitled to sue a tenant to recover the additional money. Often, a landlord will seek damages small enough to be handled by Small Claims Court, which in Florida is $5,000 or less.

Give the tenant a 3-days notice to either pay the outstanding rent or vacate the premises. Write down a complaint and file for eviction. Eviction can be filed with any county clerk serving at a court in a particular county. The landlord must mention ?Plaintiff? and his/her contact details on the complaint.

Legal Services of Greater Miami, Inc. WHAT HAPPENS IF I OWE MY FORMER LANDLORD RENT? Your former landlord may sue you in Small Claims Court or County Court if you owe rent. If you are living in the unit and owe rent, most landlords will file an eviction lawsuit asking the court to remove you.

Florida law doesn't give tenants a right to make repairs and deduct the cost from the rent. If you do make such an arrangement with your landlord, get it in writing before you spend your own money. If the problem is serious, you have the right to leave if you have given your landlord a seven-day notice.

If the landlord does not complete the repair or maintenance in the allotted time, the parties may extend the time by written agreement or the tenant may abandon the premises, retain the amounts of rent withheld, terminate the lease, and avoid any liability for future rent or charges under the lease.

If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit but may file an action for damages after return of the deposit.

Stat. § 83.64. Section 83.64 - Retaliatory conduct (1) It is unlawful for a landlord to discriminatorily increase a tenant's rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant.

More info

Sample Initial Notice of Failure to Pay Rent. This letter should be used to remind tenant that rent is overdue.You may evict the tenant for nonpayment of rent or for breaking any significant term of the lease. You want them evicted, and you want to recover the back payment of rent. Before a lawsuit is filed, you must deliver the Notice from Landlord to Tenant –. Form 5A should be used to evict the Tenant and recover damages (past due rent). If a landlord wants to evict you for not paying rent, the landlord must give you a written notice to either move or pay rent in 5 days. Instructions for Form 1( Termination for failure to pay Rent). Items 1 - 6 — Pay Rent or Quit. Landlords can use this notice when the tenant is behind on the rent.

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Florida Eviction Packet for Failure to Pay Rent and Damages (Back Rent)