Form 7 – Summons – Eviction Claim in Florida

This document is a standardized form (Form 7) used in Florida for initiating an eviction process against a tenant. When a landlord seeks to evict a tenant solely for reasons related to possession of the property, this form must be filled out and submitted along with the eviction complaint to the Clerk of the Court. If claims for damages are also being made, Form 8 must be attached.

The eviction summons is part of the legal procedure required under Florida Rules of Civil Procedure 1.070 and Form 1.923. It is directed to the tenant, providing detailed instructions and legal obligations they must fulfill to contest the eviction. In Florida, the eviction summons for residential properties is a critical document in the eviction process, which initiates legal proceedings against a tenant for various reasons, such as non-payment of rent, violation of lease terms, or other breaches. Understanding the components and the procedure for issuing an eviction summons residential Florida can help both landlords and tenants navigate the process more effectively.

The process includes writing down defenses against the eviction, delivering these to the court, and paying due rent to the court clerk. Failure to comply with these steps within the specified timeframe of 5 days (excluding weekends and legal holidays) may result in eviction without a further hearing. The 5 day summons eviction Florida is issued to a tenant when a landlord files an eviction complaint based primarily on non-payment of rent, but it can also be used for other breaches of the lease. The summons notifies the tenant of the lawsuit and demands that they take certain actions within 5 days to contest the eviction.

This form also mandates the sheriff of the state to serve the eviction summons Florida and attached complaint to the named tenant, underscoring the seriousness and formal nature of this legal procedure. The form’s layout includes placeholders for specifics such as the names and addresses of the involved parties, the case number, and the court address, which must be completed by the filing party. It is approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar.

Filling out Form 7, the Summons for Eviction Claim in Florida, requires careful attention to detail. This guide will walk you through the necessary steps to ensure that the form is correctly completed and submitted, along with your eviction complaint, to the appropriate county court in Florida.

Step 1: Determine the Appropriate Court

• Identify the county court where the rental property is located. This will be the court in which you file the eviction claim.

Step 2: Complete the Header Information

• County and State: At the top of the form, fill in the county name where the property is located followed by “County, Florida.”
• Landlord’s Name: Insert your name or the name of the entity that owns the property under the “Plaintiff” section.
• Tenant’s Name: Insert the full legal name of the tenant under the “Defendant” section.

Step 3: Case Number

• After filing the eviction complaint, you will be assigned a case number by the Clerk of the Court. Enter this number in the designated space on the form.

Step 4: Fill in Tenant Details

• Name, Address, and Phone Number: In the section labeled “TO,” fill in the tenant’s full name, current address, and phone number. This is crucial for ensuring the summons is correctly served.

Step 5: Landlord’s Details for the Eviction Notice

• In the section that starts with “You are being sued by,” fill in your name or the landlord’s name again, as it appears in the “Plaintiff” section.
• Property Address: Enter the full address of the property from which you are evicting the tenant.

Step 6: Instructions for Tenant Response

• Court Clerk’s Address: Insert the address of the courthouse where the tenant must deliver their written reasons for contesting the eviction.
• Landlord’s Contact Information: Provide your name and address again so the tenant can send you a copy of their written response.

Step 7: Rent Deposit Details

• Specify where the tenant should deposit the rent due, typically at the courthouse address provided earlier. Mention any specific instructions related to the amount, especially if public housing or rent subsidies are involved.

Step 8: Additional Instructions for Contested Rent Amount

• If the tenant disputes the amount of rent claimed, indicate where they should file a motion to determine the correct amount.

Step 9: Legal and Court Information

• At the bottom of the form, fill in the date and have the form signed by the Deputy Clerk once submitted. Make sure the clerk’s address and phone number are correctly filled out for any required follow-ups.

Important Tips

• Accuracy: Double-check all the details for accuracy, particularly names, addresses, and case numbers.
• Timelines: Be mindful of legal timelines, especially the 5-day response window for the tenant.
• Legal Advice: If uncertain, consider consulting an attorney to ensure compliance with local laws and correct procedures.

By following these steps and ensuring that all the information is correct and complete, you can effectively manage the legal process involved with evicting a tenant under Florida law.