Form 5 – Complaint For Landlord To Evict Tenants in Florida
The document you provided is titled “Form 5 – Complaint For Landlord To Evict Tenants in Florida.” It is a legal form used by landlords in Florida to initiate the eviction process of tenants strictly for eviction purposes, without claims for any overdue rent (for which Form 5A would be used instead). This form is tailored for use in Florida’s county courts and includes placeholders for the landlord to insert specific details such as the county of the property, the names of the landlord and tenant, and the legal description of the property.
Key sections of the eviction complaint form require the landlord to state the ownership of the property, details of the tenancy agreement, the amount of rent, payment terms, and the date rent was due but not paid. It also mandates the inclusion of a notice served to the tenant to pay the overdue rent or vacate the property, with a copy of this notice attached as an exhibit. The form concludes with a demand for a court judgment to recover possession of the property from the tenant. The form must be signed by the landlord or property manager and includes a section for their contact information.
This form also carries a certification that it complies with the applicable rules set by The Florida Bar, ensuring its legal validity for the purpose intended.
Here is a step-by-step guide on how to fill out Form 5, complaint for eviction Florida:
Header Information
- Plaintiff/Landlord vs. Defendant/Tenant: Fill in your name as the Plaintiff/Landlord and the tenant’s name as the Defendant/Tenant.
Case Number
- Case Number: This will be assigned by the court. Leave blank if you are filling this out before submitting it to the court.
Property Information
- Insert Legal Description or Complete Address: Provide the full address or legal description of the property, including unit number, city, state, and zip code.
Rental Agreement Details
- Defendant has possession of the property under an: Indicate whether the rental agreement was oral or written. Fill in the rent amount and select the payment frequency.
- Attach a copy of the written rental agreement as Exhibit “A” if applicable.
Unpaid Rent
- Defendant failed to pay the rent due: Specify the date when the rent was due and unpaid.
Notice to Tenant
- Plaintiff served Defendant with a notice on: Fill in the date you served the eviction notice to the tenant.
- A copy of the notice must be attached as Exhibit “B”.
Plaintiff’s Signature
- Signature of Plaintiff/Landlord: Sign here to confirm the information provided.
- Address, City, State, Zip Code, Telephone Number: Fill in your contact details.
Court Information
- IN THE CIRCUIT/COUNTY COURT OF THE: Leave this blank if unknown, to be filled based on the court where the complaint is filed.
- Case No., Division: These will be filled by the court.
Designation of Current Mailing and E-Mail Address
- Full Legal Name, Address, City, State, Zip, Telephone No., Fax No.: Enter your current contact details.
- E-Mail Address(es): Provide your email address.
- Method of Delivery: Indicate how you will send copies of this form to the defendant or their attorney (e-mail, mailed, faxed, hand-delivered).
- Date, Name, Address, Fax Number, Designated E-Mail Address of Other Party/Attorney: Details of where and how you sent the notice.
Notary Section
- Date, Signature of Plaintiff: Sign again in the presence of a Notary Public.
- Sworn to or affirmed and signed before me on: The notary will fill this section.
- Personally Known or Produced Identification: Indicate how your identity was verified.
Nonlawyer Assistance
- If a nonlawyer helped you fill out this form, their details must be entered at the bottom of the form.
Filing the Complaint
- Submit the Form: After completing the form, submit it to the appropriate county court. Make sure you have all the required documents and exhibits attached.
Make sure to consult an attorney if you are unsure about any part of this form to ensure compliance with Florida law.