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Florida Bar | Tenancy Forms – Form 76

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

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.”

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

 Step 2: Identify the Parties

– Tenant Information (Defendant)

Step 3: Complete the Motion Section

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

Step 5: Sign and Date the Form

Step 6: Submission

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.

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

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.

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