Florida Bar | Pinellas County – Complaint for Eviction and Damages

Complaint for Eviction and Damages – Pinellas County Florida

This form titled “Complaint for Eviction and Damages (Form 5a)” from the Sixth Judicial Circuit in Pinellas County, Florida is used for initiating legal action to evict a tenant from real property and to claim damages related to unpaid rent and other costs as stipulated in the rental agreement.

Structure

• Part I – To Recover Possession: Details the basis for eviction, including property ownership, the terms of the rental agreement (oral or written), and the tenant’s failure to comply with rent payment obligations. It requires the plaintiff (landlord) to provide specific details about the property, the rental amount, and the nature of the agreement. It also demands that a copy of the rental agreement (if written) and the notice served to the tenant be attached as exhibits.
• Part II – For Damages: Allows the landlord to state the amount owed by the tenant, including past due rent and applicable interest over a specified period. This part reiterates the allegations made in Part I and demands monetary damages from the defendant (tenant).

The form includes designated areas for the plaintiff’s and defendant’s names, case number, and other relevant legal details. The completion of the form must comply with Rule 10-2.1(a) of The Rules Regulating The Florida Bar, and indicates provisions for legal assistance in filling out the form, including spaces for the assistant’s name, address, and phone number.

This form is also used by landlords seeking judicial assistance to regain possession of their property and recover financial losses due to breach of rental agreements in Pinellas County, Florida.

Before you begin filling out Form 5a, ensure you have all necessary documents and information, including the rental agreement, any correspondence related to the eviction (like notices served to the tenant), and the details about the overdue rent amounts and dates.

Form Sections

Case Number and Parties Involved

• Case No.: Enter the case number if known; if not, this may be assigned by the court clerk.
• Plaintiff(s): Write your full legal name as the landlord or property owner initiating the eviction.
• Defendant(s): Write the full legal name of the tenant(s) being evicted.

Count I – To Recover Possession

• Detail the grounds for eviction:
  • Paragraph 1: Confirm that the action is to evict a tenant from real property located in Pinellas County, Florida.
  • Paragraph 2: Describe the property from which you are seeking to evict the tenant. Include as much detail as possible, such as the address and legal description.
  • Paragraph 3: Specify the type of rental agreement (oral or written) and the rent amount. Indicate the frequency of rent payments (weekly, monthly, etc.). Attach a copy of the written rental agreement as Exhibit “A” if available.
  • Paragraph 4: State the amount and due date of the unpaid rent.
  • Paragraph 5: Indicate the date you served a notice to the tenant demanding rent payment or property possession and state that the tenant has failed to comply. Attach a copy of this notice as Exhibit “B”.

Count II – For Damages

• Paragraph 6: Restate the allegations from paragraphs 1 to 5 as they pertain to your claim for damages.
• Paragraph 7: Detail the total amount owed by the tenant, including any interest. Specify the period for which rent was not paid.

Signatory and Contact Information

1. • Signature: Sign the form to validate its contents.

• Print Name: Clearly print your name next to your signature.
• Address, City, State, Zip Code, Telephone: Provide your full contact information.

Assistance Section

1. • If someone assisted you in filling out this form, include their name, address, and telephone number in the designated section.

Final Checks

• Ensure all information is correct and that all necessary documents are attached.
• Review the form for compliance with local laws and the specific requirements of the court where the eviction case will be filed.

Submission: Submit the completed form and all attachments to the appropriate court in Pinellas County. It is advisable to keep copies of the submitted documents for your records.