Form 6 – Complaint For Landlord To Evict Tenants For Failure To Comply With Rental Agreement (Other Than Failure To Pay Rent) in Florida
In Florida, eviction notices are formal documents that landlords must provide to tenants to initiate the eviction process for various reasons, including non-payment of rent, violation of lease terms, or the termination of a month-to-month tenancy. Florida eviction notice serves as a legal prerequisite to filing an eviction lawsuit and must clearly outline the reason for eviction, providing tenants with a fair opportunity to address the issue within a specified timeframe, if applicable.
The document titled “Form 6” is a legal form used by landlords in Florida to file a complaint for eviction against tenants for violations of the rental agreement that do not include failure to pay rent. The form requires specific information to be filled in, such as the county where the rental property is located, the names of the landlord and tenant, and the case number assigned by the court. It also includes a section where the landlord must detail the property in question and assert possession of the property under a rental agreement, with evidence of the tenant’s violation provided in attachments referred to as Exhibit “A” (the rental agreement) and Exhibit “B” (the notice of violation). The form concludes with a demand for possession of the property, spaces for the landlord’s contact details, and an affirmation section where the landlord certifies the information provided. The complaint for eviction Florida emphasizes that landlords should consult an attorney as needed, highlighting the form’s alignment with Florida law but also its limitations in fully capturing legal requirements without professional guidance.
To assist landlords in Florida with filling out Form 6 for the eviction of tenants due to non-compliance with rental agreement terms other than non-payment of rent, here is a step-by-step guide:
Section 1: Court and Party Information
- County and Court Identification
- Top of Form: Fill in the name of the county where the rental property is located.
- Court Type: Identify if it is the County or Circuit Court handling your case.
- Case Number
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- Obtain and enter the case number from the Clerk of the Court after you file your complaint.
- Party Names
- Plaintiff: Enter your full legal name as the landlord.
- Defendant: Enter the full legal name of the tenant you are seeking to evict.
Section 2: Property and Agreement Details
- Property Description
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- Provide a full legal description of the property, including the address and unit number, if applicable.
- Type of Agreement
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- Indicate whether the rental agreement is oral or written. Attach a copy of the agreement if it is written, labeling it as Exhibit “A”.
Section 3: Notice of Violation
- Notice Date
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- Enter the date you gave the tenant written notice of their violation.
- Attach a copy of this notice, specifying the nature of the violation, and label it as Exhibit “B”.
Section 4: Complaint Details
- Allegations
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- Detail the reasons for eviction, citing specific violations and referencing attached exhibits.
Section 5: Demand for Possession
- Eviction Request
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- Formally request the court to issue a judgment granting you possession of the property.
Section 6: Landlord’s Contact Information
- Contact Details
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- Provide your complete and current contact information, including address and phone number.
Section 7: Certification and Notarization
- Certification of Truth
- Sign the form in the presence of a notary public or deputy clerk.
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- Ensure the form is correctly dated and notarized to verify your identity and the authenticity of the signature.
Section 8: Mailing and Email Addresses
- Current Addresses
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- List your current mailing and email addresses where court documents should be sent.
- Certify that you will keep the court and opposing party updated with any address changes.
Additional Tips
- Consult an Attorney: It’s recommended to consult with an attorney to ensure all aspects of the eviction process are legally covered and the form is filled out correctly.
- File the Form: Once completed, file the form with the clerk of the court in the county where the property is located.
- Keep Records: Maintain copies of all documents and correspondence related to the case for your records.
By following these detailed instructions, you can ensure that Form 6 is filled out accurately and that you are taking the correct legal steps to proceed with the eviction of a tenant for compliance-related issues.
Disclaimer: This guide is provided for informational purposes only and is not intended as legal advice. You should consult the Residential Tenancies Act or a legal professional.