Florida Complaint for Eviction of Tenant for Non-Payment of Rent Count I and II is a legal document initiated by a landlord against a tenant for not paying their rent. The complaint is typically filed in the county courthouse, and is divided into two counts. Count I is the demand for possession of the property, and requires the tenant to vacate the premises and return the keys to the landlord. Count II is the demand for past due rent, and requires the tenant to pay the full amount of past due rent. There are two types of Florida Complaint for Eviction of Tenant for Non-Payment of Rent Count I and II: Summary Process and Formal Process. The Summary Process is a faster and simpler process, where the court will enter a judgment and issue a Writ of Possession without a trial. The Formal Process requires a trial, where the court will determine if the tenant is actually liable for the rent that is owed.
Florida Complaint For Eviction of Tenant For Non-Payment Of Rent Count I And II
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How to fill out Florida Complaint For Eviction Of Tenant For Non-Payment Of Rent Count I And II?
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Notice of an eviction for non-payment of rent If a resident is behind on their rent, you must give them three-days notice to vacate for failure to pay rent. This notice gives the resident the full three business days (holidays and weekends are not included) to remedy the situation (by paying owed rent) or leave.
Initial Filing Fees Filing TypeCostTenant eviction with no damages (Non-Monetary)$185Tenant eviction with damages up to $15,000$300Tenant eviction with damages more than $15,000, up to $30,000$400Tenant eviction with Distress for Rent writ$270
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.
How long does the eviction process take in Florida? 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.
In Florida, a landlord can terminate a tenancy early and evict a tenant for a number of different reasons, including not paying rent, violating the lease or rental agreement, or committing an illegal act. To terminate the tenancy, the landlord must first give the tenant written notice.
All of the following must take place before an eviction: The tenant gets a written notice to move out (vacate) The tenant is served with legal paperwork ? a summons and complaint.The tenant is allowed to respond. The court can grant or deny the eviction. A Writ of Possession is posted if the court grants the eviction.
File a complaint with the court, including the facts of the case and how much money is owed. Once the complaint is filed, you must serve the tenant following the instructions provided by small claims court. Often, you may do this by hand-delivering it or sending it by certified mail.