Form 76 – Motion For Clerk’s Default – Residential Eviction

In Florida, the Clerk of Court plays a critical role in the process of eviction. The clerk’s responsibilities include receiving and processing eviction filings, managing court documents, and scheduling hearings. The Clerk of Court eviction Florida is primarily administrative, but it is essential in managing the procedural aspects of the case, from filing to the issuance of legal documents. A motion for eviction is a formal legal request made to a court by a landlord seeking to remove a tenant from rental property due to a violation of the lease agreement or other significant issue, such as non-payment of rent.

Form 76, titled “Motion for Clerk’s Default – Residential Eviction,” is a legal document used in the state of Florida when a tenant fails to respond to a complaint for eviction within the prescribed five-day period after service. This form is part of a two-step process to obtain a judgment by default against a tenant. The first step involves submitting Form 76 to the Clerk of the Court to record a default, indicating that the tenant has not responded as legally required. The second step is to seek a default final judgment from the judge, which can be pursued with additional forms (Forms 78 and 79) along with an Affidavit of Damages (Form 80).

The form stresses that while it is a structured and approved legal document, it should not substitute for personalized legal advice, noting that requirements may vary and legal consultation might be needed. The document is formatted in accordance with Florida Law and regulated under specific rules of The Florida Bar.

Filling out Form 76 correctly is essential to advance an eviction case when a tenant fails to respond to an eviction notice within the legal timeframe in Florida.

Here is a step-by-step guide to help you fill out the form accurately:

Step 1: Provide Court and Case Details

• County and Court Identification

Fill in the name of the county and the specific court handling the case at the top of the form where it states “IN THE COUNTY COURT, IN AND FOR __________ COUNTY, FLORIDA.”

• Case Number

Enter the case number assigned by the Clerk of the Court in the section labeled “CASE NO. ____________.”

 Step 2: Identify the Parties

• Landlord Information (Plaintiff)
• Write the full legal name of the landlord who is initiating the eviction process in the space provided for “[insert name of Landlord].”
• Include the landlord’s address if there is a designated space or if required by your local court’s format.

– Tenant Information (Defendant)

• Write the full legal name of the tenant being evicted in the section labeled “[insert name of Tenant].”
• Include the tenant’s address similarly if required.

Step 3: Complete the Motion Section

• Statement of Motion

In the main body of the form where it prompts for the defendant’s name, write the tenant’s name again to clarify who the default judgment is being filed against.

Step 4: Additional Legal Documentation

• Attachments and Affidavits
  • Attach Form 81, the Nonmilitary Affidavit, which is necessary to confirm that the tenant is not in the military, as this affects the legal process.
  • Prepare any other documents that need to be filed with this form, such as proof of service of the original eviction notice.

Step 5: Sign and Date the Form

• Signature
  • Sign your name where indicated to certify that the information you have provided is accurate and truthful.
  • Date the form on the line provided to indicate when the motion for default was completed.

Step 6: Submission

• Filing with the Clerk

Submit the completed form along with all necessary attachments to the Clerk of the Court. Ensure you keep copies of all documents for your records.

• Service of Motion

After filing, ensure that a copy of the motion and any accompanying documents are served to the tenant as required by law, which often includes formal service by a process server or sheriff.

Additional Notes

• Legal Advice: Legal forms can be complex and the requirements specific. Consider consulting with an attorney to ensure all legal requirements are met and the process is handled correctly.
• Certificate of Service: Make sure to fill out and include any required certificate of service, which confirms that all necessary parties have been properly notified of the motion.

This guide is meant to assist in the mechanical filling out of Form 76, but it is always advisable to consult with a legal professional to ensure compliance with all local laws and regulations.