Used for...
----

14-Day Notice to Quit is used by landlords in New York to demand payment of past-due rent. It is required to be served to the defendant at least 14 days before the start of a court case. In New York, this notice can be sent earliest 5 days after the rent was due.

Is this Notice Curable?
----------------------

Yes, the 14-Day Notice to Quit is curable. The tenant can cure the issue by paying past-due rent.

How to Serve this Notice
-------------------------

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process which may be used as evidence later in a court case. The PDF on this page contains a Proof of Service which can be filled out by whoever serves this notice. Most landlords hire professional process servers or attorneys for this. In New York, this notice may not be servable by the landlord.

[Additional Reference](https://ww2.nycourts.gov/courts/6jd/tompkins/ithaca/webpageLandlordTenantInst.shtml)

14-Day Notice to Quit

Used for...
----

The 3-Day Notice to Vacate is used by landlords in Texas to demand a tenant to either pay the past-due rent owed, or to vacate the property thereby ending the lease. In either case, this notice does not waive the landlord's right to unpaid rent.

Is this Notice Curable?
----------------------

Yes, this 3-Day Notice to Vacate is curable because the tenant can pay the past-due rent to be allowed to continue occupying the property.

How to Serve this Notice
-------------------------

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process which may be used as evidence later in a court case. The PDF on this page contains a Proof of Service which can be filled out by whoever serves this notice. Most landlords hire professional process servers. In Texas, this notice is often served by the landlord.

[Additional Reference](https://guides.sll.texas.gov/landlord-tenant-law/eviction-process)

3-Day Notice to Vacate (non-payment)

### Used For…

The 10-Day Notice to Quit (Non-Compliance) is used by landlords in Illinois to formally demand a tenant to leave a property they are leasing due to a violation of the rules of the lease.  A landlord is required to provide the tenant with this notice, giving the tenant 10 days to move out prior to any eviction filings. Day 1 is the day the tenant was served the Notice. Day 1 is the day the tenant was served the Notice. Weekends and holidays are included in the 10-day period. 

### Is this Notice Curable?

No, this notice is not curable. This means there is nothing the tenant can do to avoid eviction if they do not move out by the assigned date.

### How to Serve this Notice

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process that may be used as evidence later in a court case. The PDF on this page contains a Proof of Service example which can be filled out by whoever serves this notice. Most landlords hire professional process servers. Acceptable methods of service for this notice are personal service or substituted service. Posting is only permitted if the tenant has abandoned the property and no one is living there. The affidavit of service should be notarized.

10-Day Notice to Quit (Non-Compliance)

### Used For…

The 10-Day Notice to Quit (Illegal Activity) is used by landlords in Pennsylvania to require a tenant to leave a property they are leasing due to illegal drug activity. This type of violation may include, but is not limited to:

- Violating the Controlled Substances Act of 1972 for the **second time**
- Law enforcement officials seize drugs from the tenant's rental unit
- Involvement in the creation, distribution, or consumption of a controlled substance

Day 1 is the day the tenant was served the Notice. Weekends and holidays are included in the 10-day period. 

### Is this Notice Curable?

No, this notice is not curable. This means there is nothing the tenant can do to avoid eviction if they do not move out by the assigned date.

### How to Serve this Notice

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process that may be used as evidence later in a court case. The PDF on this page contains a Proof of Service example which can be filled out by whoever serves this notice. Most landlords hire professional process servers. Acceptable methods of service for this notice are personal service or posting.

10-Day Notice to Quit (Illegal Activity)

Used for...
----

The 30-Day Notice to Quit is used by landlords in Texas to end a month-to-month lease. Although this can often be done informally (by email or text message), a formal notice is required prior to a court case.

Is this Notice Curable?
----------------------

No, the 30-Day Notice to Quit is not curable. This means there is nothing the tenant can do to avoid eviction. Other [Texas eviction notices](https://getdispute.com/form-library) can be cured by the tenant.

How to Serve this Notice
-------------------------

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process which may be used as evidence later in a court case. The PDF on this page contains a Proof of Service example which can be filled out by whoever serves this notice. Most landlords hire professional process servers. In New York, this notice may not be servable by the landlord.

[Additional Reference](https://guides.sll.texas.gov/landlord-tenant-law/eviction-process)

30-Day Notice to Vacate (Lease Termination)

## When to use a 7-Day Notice to Quit

There are three different [Eviction Notices in Florida](https://getdispute.com/form-library/eviction-notice) that a landlord can use, each having a different purpose. The final notice provided by a landlord prior to initiating an eviction court case is the 7-Day Notice to Pay or Quit on this page.

The most common reason to use this notice is to require a tenant to vacate a property due to a material breach of the lease rules or covenants. Examples of this include: significantly damaging the property, use the property for criminal or drug activity, moving in new people not on the lease without the landlord's permission, etc. The lease usually specifies the exact rules that must be followed.

If the landlord has already served a 3-Day Notice to Pay or Quit before this notice, this notice may not be required prior to [starting an eviction court case](https://getdispute.com/form-library/eviction-court-filing) against the tenant, depending on the circumstances.

[**Landlords can click here prepare this eviction notice packet for free online**](https://getdispute.com/pdf/select).

## Can the Tenant do Anything to Prevent Eviction After This Notice is Served?

No. This notice is considered "non-curable" meaning the tenant must vacate the property within seven days. If the tenant does not vacate within that time, the landlord can [begin an eviction court case](https://getdispute.com/form-library/eviction-court-filing) to recover possession of the property and force the tenant to move out.

An eviction court case in Florida cannot be started without proof of having served one of the [eviction notices required by Florida law](https://getdispute.com/form-library/eviction-notice).


## When should a Florida landlord actually use a 7-Day Notice?

Landlords typically use this notice after delivering an earlier notice (the [3-Day Notice](https://getdispute.com/form-library/eviction-notice/Florida/florida-3-day-notice-to-pay-or-quit) or [30-Day Notice](https://getdispute.com/form-library/eviction-notice/Florida/florida-30-day-notice-to-quit-month-to-month).

However, the 7-Day Notice can be the first and final notice a landlord delivers to a tenant when the tenant has committed a serious violation of the lease agreement.

## How to Serve the 7-Day Notice to Quit

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process which may be used as evidence later in a court case. The form packet on this page contains a Proof of Service which can be filled out by whoever serves this notice. The proof of service should be signed by the process server and retained by the landlord as it will need to be filed in court with the [eviction court paperwork](https://getdispute.com.com/form-library/eviction-court-filing) if a court case is started later.

Most landlords hire professional process servers or attorneys to serve an eviction notice, but it is possible to get a friend or family member to do it and save money as long as you carefully follow the rules.

For more detailed instructions on how to serve an eviction notice, you can also read this [Additional Reference for Eviction Information in Florida](https://www.fdacs.gov/Consumer-Resources/Landlord-Tenant-Law-in-Florida).

## Retaining proof of service for all notices

However you choose to serve a notice, be sure to obtain and keep a proof of service in your records. A proof of service is a sworn affidavit from the server stating what was served, and how and when. The proof of service is your only way to prove to the court that you gave the other person notice of the lawsuit as required by law.

You should fill out and sign the proof of service right after the document is served and keep it in your records for future reference.

You can also ask the person you served to sign a statement confirming that you served the notice and how you served it, though, most people will refuse to sign this statement. The [eviction notice template](https://getdispute.com/pdf/select) above includes a second page with a proof of service on it.

7-Day Notice to Quit

### Used For…

The 30-Day Notice to Quit (No Lease/End of Lease) is used by landlords in Pennsylvania to end a tenancy where the tenant has occupied the property for at least one year. A landlord is required to provide the tenant with this notice, giving the tenant 30 days to move out prior to any eviction filings.

### Is this Notice Curable?

No, this notice is not curable. This means there is nothing the tenant can do to avoid eviction if they do not move out by the assigned date.

### How to Serve this Notice

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process that may be used as evidence later in a court case. The PDF on this page contains a Proof of Service example which can be filled out by whoever serves this notice. Most landlords hire professional process servers. Acceptable methods of service for this notice are personal service or posting.

30-Day Notice to Quit (No Lease/End of Lease)

### Used For…

The 10-Day Notice to Quit (Non-Payment) is used by landlords in Pennsylvania to demand a tenant to either pay the past-due rent owed or vacate the property thereby ending the lease. In either case, this notice does not waive the landlord's right to unpaid rent. A landlord is required to provide the tenant with this notice, giving the tenant 10 days to pay the past-due rent or move out prior to any eviction filings. The Notice must include:

- The rental home address
- The total amount due (including any late fees), where the payment should be made, and to whom the rent should be paid.
- The name, address, and telephone number of the person to whom rent is due

Day 1 is the day the tenant was served the Notice. Weekends and holidays are included in the 10-day period. 

### Is this Notice Curable?

Yes, this 10-Day Notice to Quit (Non-Payment) is curable because the tenant can pay the past-due rent to be allowed to continue occupying the property.

### How to Serve this Notice

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process that may be used as evidence later in a court case. The PDF on this page contains a Proof of Service example which can be filled out by whoever serves this notice. Most landlords hire professional process servers. Acceptable methods of service for this notice are personal service or posting.

10-Day Notice to Quit (Non-payment)

### Used For…

The 5-Day Notice to Quit (Illegal Activity) is used by landlords in Illinois to require a tenant to leave a property they are leasing due to illegal activity. This type of eviction is only available if the tenant, during their lease term, is charged with committing an offense on the premises that constitutes a [Class X Felony](https://www.criminallawyerillinois.com/2021/05/03/what-is-a-class-x-felony-in-illinois/#:~:text=The%20Class%20X%20felony%20is,in%20the%20Department%20of%20Corrections.).  

### Is this Notice Curable?

No, this notice is not curable. This means there is nothing the tenant can do to avoid eviction if they do not move out by the assigned date.

### How to Serve this Notice

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process that may be used as evidence later in a court case. The PDF on this page contains a Proof of Service example which can be filled out by whoever serves this notice. Most landlords hire professional process servers. Acceptable methods of service for this notice are personal service or substituted service. Posting is only permitted if the tenant has abandoned the property and no one is living there. The affidavit of service should be notarized.

5-Day Notice to Quit (Illegal Activity)

Used for...
----

30-Day Notice to Quit is used by landlords in New York to end a month-to-month lease, or when a tenant has overstayed the lease. If the only thing required is payment of past-due rent, the [14-Day Notice to Quit](https://getdispute.com/form-library/eviction-notice/new%20york/new-york-14-day-notice-to-quit) is used instead of this one. Note that for asking a tenant to vacate for any reason other than end of lease or non-payment of rent, there's another [30-Day Notice to Quit](https://getdispute.com/form-library/eviction-notice/new%20york/new-york-30-day-notice-to-quit).

Is this Notice Curable?
----------------------

No, the 30-Day Notice to Quit is not curable. This means there is nothing the tenant can do to avoid eviction. Other [New York eviction notices](https://getdispute.com/form-library/eviction-notice) can be cured by the tenant.

How to Serve this Notice
-------------------------

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process which may be used as evidence later in a court case. The PDF on this page contains a Proof of Service which can be filled out by whoever serves this notice. Most landlords hire professional process servers. In New York, this notice may not be servable by the landlord.

[Additional Reference](https://ww2.nycourts.gov/courts/6jd/tompkins/ithaca/webpageLandlordTenantInst.shtml)

30-Day Notice to Quit (Month-to-Month)

### Used For…

The 90-Day Notice to Vacate (Foreclosure) is used by landlords in Illinois to demand a tenant to leave a property and terminate the tenancy due to the property being foreclosed upon.  The notice should include the date the tenant must move out. A landlord is required to provide the tenant with this notice, giving the tenant 90 days to move out prior to any eviction filings. If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

### Is this Notice Curable?

No, this notice is not curable. This means there is nothing the tenant can do to avoid eviction if they do not move out by the assigned date.

### How to Serve this Notice

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process that may be used as evidence later in a court case. The PDF on this page contains a Proof of Service example which can be filled out by whoever serves this notice. Most landlords hire professional process servers. Acceptable methods of service for this notice are personal service or substituted service. Posting is only permitted if the tenant has abandoned the property and no one is living there. The affidavit of service should be notarized.

90-Day Notice to Vacate

What Is This Notice to Quit Used for?
-------------------------------------

60-Day Notice Quit (blank draft provided at the end) is used in California by a landlord to initiate the formal process of removing a tenant from a leased rental unit where the tenant has had a residency for less than a year and is on a month-to-month lease. This is somewhat rare in California since most landlords prefer to start with a one-year lease and allow the tenant to become month-to-month after the lease ends.

It's important to note this notice must be used if the tenant has lived in the home for more than one year. The [30-Day Notice](https://getdispute.com/form-library/eviction-notice/California/california-30-day-notice-to-quit) is equivalent but only used when the tenant has lived at the home for less than one year.

When Should a Landlord Use a 60-Day Notice to Quit
--------------------------------------------------

As the [state has outlined](https://selfhelp.courts.ca.gov/eviction-landlord/notice-types) the 60-Day Notice to Quit is reserved for instances where you want a month-to-month tenant who has been at the property for more than a year to end their tenany. This new form and requirement was initially codified in 2019 with the Tenant Protection Act, even though it is similar to the older 15-Day Notice to Quit, which is no longer used for new disputes.

This 60-Day Notice can only be used when the tenant has lived at the property for less than one year. The new law also requires the landlord to have a just cause (or legal reason) for demand the tenant to leave. In general, rent increases and various demographic factors are not good enough reasons to evict a tenant in California.

It's also important to note that various cities in California have their own, more restrictive landlord-tenant laws which govern these disputes. For example, [San Francisco requires](https://sfrb.org/topic-no-202-general-eviction-notice-requirements) several additional forms, filings, and waiting periods when the 60-Day Notice to Quit is used, and a landlord may be unable to evict a tenant using this notice at all. If you are located in a large city that has strict rent control laws, your best bet is to contact a local attorney who can guide you through the process.



How Should a 60-Day Notice to Vacate Be Given to a Tenant?
----------------------------------------------------------

There are very specific laws a landlord in California must follow to formally serve any notice to a tenant. Courts regularly dismiss eviction cases (unlawful detainer actions) where notices have not been served correctly. In general, the tenant has the right to continue to occupy the unit if this happens, while the landlord will likely need to start the eviction process over from scratch (with a new notice being served properly).

Many landlords prefer to hire professional process servers to serve the initial notice or quit to minimize the chances of future delays. A landlord can serve the notice themself but must do so correctly, so long as they document how the notice was served at the time of service, keep accurate paper copies of their records, and follow the specific process serving laws above.


Where to Get the Official Form for a 60-Day Notice to Quit?
-----------------------------------------------------------

The state provides no official form for this notice, and landlords are allowed to (and may need to) write their own documents. The state does [provide specific information](https://selfhelp.courts.ca.gov/eviction-landlord/notice-types#:~:text=Your%20tenant%20has%20unpaid%20rent%20due%20on%20or%20after%20October%201%2C%202021) that must be included in the document:

*   The full names of all tenants
*   The rental property address
*   A statement that the month-to-month rental tenancy will end in 60 days
*   A legally required statement on picking up personal property
*   The just cause (the legal reason) for ending the lease
*   A statement that the tenant has the right to either (1) get relocation assistance from you or (2) does not have to pay the last month's rent (specify exactly how much that is)
*   The date they must move out by (assumed to be 60 days but often stated explicitly)

60-Day Notice to Quit

Used for...
----

30-Day Notice to Quit is used by landlords in New York to require a tenant to move out for any reason other than non-payment of rent. This is very similar to the [30-Day Notice to Quit (month-to-month)(https://getdispute.com/form-library/eviction-notice/new%20york/new-york-30-day-notice-to-quit-month-to-month), however it does not include language about the end of the lease. It can also be used to notify non-tenants like squatters.

Is this Notice Curable?
----------------------

No, the 30-Day Notice to Quit is not curable. This means there is nothing the tenant can do to avoid eviction. The [14-Day Notice to Quit in New York](https://getdispute.com/form-library/eviction-notice/New-York/new-york-14-day-notice-to-quit) can be cured by the tenant for past-due rent.

How to Serve this Notice
-------------------------

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process which may be used as evidence later in a court case. The PDF on this page contains a Proof of Service which can be filled out by whoever serves this notice. Most landlords hire professional process servers. In New York, this notice may not be servable by the landlord.

[Additional Reference](https://ww2.nycourts.gov/courts/6jd/tompkins/ithaca/webpageLandlordTenantInst.shtml)

30-Day Notice to Quit

## When to use a 3-Day Notice to Pay or Quit

There are three different [Eviction Notices in Florida](https://getdispute.com/form-library/eviction-notice) that a landlord can use, each having a different purpose. The 3-Day Notice to Pay or Quit on this page is used by landlords in Florida to formally demand the tenant to complete payment of past-due rent, or to vacate the property (thereby ending the lease). It does not waive the right of the landlord to collect past-due rent.

[**Landlords can click here prepare this eviction notice packet for free online**](https://getdispute.com/pdf/select).

## Can the Tenant do Anything to Prevent Eviction After This Notice is Served?

Yes, the 3-Day Notice to Pay or Quit is considered "curable" because it allows the tenant to avoid eviction by paying the back rent within the specified amount of time. 

However, in most cases the landlord is serving this notice because they no longer expect the tenant to pay rent unless forced to by the court (or because the landlord plans to [begin an eviction court case](https://getdispute.com/form-library/eviction-court-filing) against the tenant).

Usually, the landlord will serve this notice, wait three days, and if the tenant hasn't paid, then serve the [7-Day Notice to Quit](https://getdispute.com/form-library/eviction-notice/Florida/florida-7-day-notice-to-quit) which is not curable and terminates the lease, meaning the tenant can no longer avoid an eviction (but still is required to pay back rent).

## When should a Florida landlord actually use a 3-Day Notice to Pay or Quit?

In general, most landlords will first give informal notice of overdue rent to a tenant by text message, email, or phone call. In the vast majority of lease agreements, this is sufficient for the tenant to want to pay the backrent without any disputes. Less frequently, a tenant will refuse to pay or indicate they will never pay. It is in these situations that a formal notice becomes necessary.

The reason a [formal eviction notice](https://getdispute.com/form-library/eviction-notice) is used is to be able to prove to a court later on that the tenant was actually notified about their obligation to move out, well in advance, in a manner that the court agrees is clear and unambiguous. These kind of laws were put in place to reduce landlord abuse of the process.

## How to Serve the 3-Day Notice to Quit

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process which may be used as evidence later in a court case. The form packet on this page contains a Proof of Service which can be filled out by whoever serves this notice. The proof of service should be retained by the landlord as it will need to be filed in court with the [eviction court paperwork](https://getdispute.com/form-library/eviction-court-filing) if a court case is started later.

Most landlords hire professional process servers or attorneys for this, but it is possible to get a friend or family member to do it and save money as long as you carefully follow the rules.

For more detailed instructions on how to serve an eviction notice, you can also read this [Additional Reference for Eviction Information in Florida](https://www.fdacs.gov/Consumer-Resources/Landlord-Tenant-Law-in-Florida).


## Retaining proof of service for the notice

However you choose to serve the notice, be sure to obtain and keep a proof of service in your records. A proof of service is a sworn affidavit from the server stating what was served, and how and when. The proof of service is your only way to prove to the court that you gave the other person notice of the lawsuit as required by law.

You should fill out and sign the proof of service right after the document is served and keep it in your records for future reference.

You can also ask the person you served to sign a statement confirming that you served the notice and how you served it, though, most people will refuse to sign this statement. The [eviction notice template](https://getdispute.com/pdf/select) above includes a second page with a proof of service on it.

3-Day Notice to Pay or Quit

Used for...
----

The 3-Day Notice to Quit (non-payment) is used by landlords in Texas to demand a tenant to either pay the past-due rent owed, or to vacate the property thereby ending the lease. In either case, this notice does not waive the landlord's right to unpaid rent.

Is this Notice Curable?
----------------------

Yes, this 3-Day Notice to Quit is curable because the tenant can pay the past-due rent to be allowed to continue occupying the property.

How to Serve this Notice
-------------------------

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process which may be used as evidence later in a court case. The PDF on this page contains a Proof of Service which can be filled out by whoever serves this notice. Most landlords hire professional process servers. In Ohio, this notice is often served by the landlord.

[Additional Reference](https://www.mahoningcountyoh.gov/796/Eviction-Process)

3-Day Notice to Quit (non-payment)

### Used For…

The 15-Day Notice to Quit (No Lease/End of Lease) is used by landlords in Pennsylvania to end a tenancy where there is an at-will tenancy or the tenant has occupied the property for less than one year. A landlord is required to provide the tenant with this notice, giving the tenant 15 days to move out prior to any eviction filings.

### Is this Notice Curable?

No, this notice is not curable. This means there is nothing the tenant can do to avoid eviction if they do not move out by the assigned date.

### How to Serve this Notice

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process that may be used as evidence later in a court case. The PDF on this page contains a Proof of Service example which can be filled out by whoever serves this notice. Most landlords hire professional process servers. Acceptable methods of service for this notice are personal service or posting.

15-Day Notice to Quit (No Lease/End of Lease)

What is this Notice to Quit used for?
-------------------------------------

A 3-Day Notice to Perform or Quit (blank draft provided at the end) is used in California by a landlord to initiate the formal process of removing a tenant from a leased rental unit. This notice informs a tenant they have violated a requirement of the lease, and have three days to pay past due rent; otherwise, the landlord will file a case in court (usually an unlawful detainer action in Superior Court).

These violations usually need to be major for a court to consider them just cause for an eviction. Common examples of these include:

*   Moving in a pet when the lease specifies no pets
*   Moving in additional people (family or friends) when the lease specifically states the tenant cannot do this
*   Causing significant damage to the property
*   Endangering others at the property, neighbors, or the community
*   Dealing drugs or being involved in gang activity at the property

Immigration status, sex, race, religion, and other demographic reasons are generally not just causes to evict someone as they are protected under discrimination laws.

When Should a Landlord Use a 3-Day Notice to Perform or Quit?
-------------------------------------------------------------

Since the [state has outlined](https://selfhelp.courts.ca.gov/eviction-landlord/notice) five [eviction notices](https://getdispute.com/form-library/eviction-notice/) to use in various situations, it's important to select the right one for your case. As outlined on that page, the 3-Day Notice to Perform or Quit is reserved for instances where the tenant is not performing their responsibilities under the lease or rental agreement, and the landlord is demanding they begin performing these duties or otherwise give up the right to live there.

How should a notice to vacate be given to a tenant?
---------------------------------------------------

There are [very specific laws](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1946.1.&nodeTreePath=8.4.69.3&lawCode=CIV) a landlord in California must follow to serve any notice to a tenant formally, including this Notice to Perform. If these laws are not followed strictly and to the dot, a subsequent court action may be dismissed, resulting in the landlord needing to start over from scratch (with a new notice being served properly).

In general, a landlord can serve the notice themself but follow the correct procedure, document how the notice was served at the time of service, and keep accurate paper copies of their records. Some types of service require both physically handing the notice to someone as well as mailing, and posting the notice. Many landlords end up hiring professional process servers to serve the initial notice to pay or quit to minimize the chances of future delays.

Where to get the official form for a 3-Day Notice to Perform or Quit?
---------------------------------------------------------------------

The state provides no official form for this notice, and landlords are allowed to write their own documents. The state does [provide specific information](https://selfhelp.courts.ca.gov/eviction-landlord/notice-types#:~:text=Your%20tenant%20has%20unpaid%20rent%20due%20on%20or%20after%20October%201%2C%202021) that must be included in the document:

*   The full names of all tenants
*   The rental property address
*   The specific thing(s) the tenant did to violate the lease - include details as appropriate
*   A statement that the tenant must fix the issues or move out in 3 days

3-Day Notice to Perform Covenants or Quit

Used for...
----

The 30-Day Notice to Quit (month-to-month) is used by landlords in Ohio to end a month-to-month lease, and require a tenant to move out. After this notice, the landlord may still be required to serve the [Ohio 3-Day Notice to Quit](https://getdispute.com/form-library/eviction-notice/ohio/ohio-3-day-notice-to-quit-non-payment).

Is this Notice Curable?
----------------------

No, the 30-Day Notice to Quit is not curable. This means there is nothing the tenant can do to avoid eviction. Other [Ohio eviction notices] (https://getdispute.com/form-library/eviction-notice) can be cured by the tenant for past-due rent.

How to Serve this Notice
-------------------------

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process which may be used as evidence later in a court case. The PDF on this page contains a Proof of Service which can be filled out by whoever serves this notice. Most landlords hire professional process servers. In Ohio, this notice may not be servable by the landlord.

[Additional Reference](https://www.mahoningcountyoh.gov/796/Eviction-Process)

### What is this 30-Day Notice to Vacate (Foreclosure) used for?

The 30-Day Notice to Vacate (Foreclosure) is used by landlords in Texas to demand a tenant to leave a property and terminate the tenancy due to the property being foreclosed upon.  The notice should include the date the tenant must move out. A landlord is required to provide the tenant with this notice, giving the tenant 30 days to move out prior to any eviction filings. If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

### Is this Notice Curable?

No, this notice is not curable. This means there is nothing the tenant can do to avoid eviction if they do not move out by the assigned date.

### How to Serve this Notice to a Tenant?

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process that may be used as evidence later in a court case. The PDF on this page contains a Proof of Service example which can be filled out by whoever serves this notice. Most landlords hire professional process servers. In Texas, this notice is often served by the landlord, but hiring a neutral third-party is often the best option.  Acceptable methods of service for this notice are personal service, substituted service, posting, and regular/certified/registered mail with return receipt.

30-Day Notice to Vacate (Foreclosure)

Used for...
----

The 3-Day Notice to Quit is used by landlords in Ohio to demand a tenant move-out or otherwise face eviction.

Is this Notice Curable?
----------------------

No, this 3-Day Notice to Quit is not curable. There is nothing a tenant can do to continue to live at the property.

How to Serve this Notice
-------------------------

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process which may be used as evidence later in a court case. The PDF on this page contains a Proof of Service which can be filled out by whoever serves this notice. Most landlords hire professional process servers. In Ohio, this notice is often served by the landlord.

[Additional Reference](https://www.mahoningcountyoh.gov/796/Eviction-Process)

3-Day Notice to Quit (non-performance)

### What is this 3-Day Notice to Vacate (Curable) used for?

The 3-Day Notice to Vacate (Curable) is used in Texas when a tenant violates the rules of the lease and the landlord would like to provide two options for the tenant - to either correct the lease violation(s) or to move out in 3 days. In Texas, the landlord is not required to give the tenant the option to correct the lease violation, see 3-Day Notice to Vacate (Non-Compliance) for the incurable version of this form. A landlord is required to provide the tenant with notice prior to any eviction filings.

### How to Serve this Notice to a Tenant?

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process that may be used as evidence later in a court case. The PDF on this page contains a Proof of Service example which can be filled out by whoever serves this notice. Most landlords hire professional process servers. Acceptable methods of service for this notice are personal service, substituted service, posting, and regular/certified/registered mail with return receipt.

3-Day Notice to Vacate (Curable)

Used for...
----

The 3-Day Notice to Vacate is used by landlords in Texas to require a tenant to leave a property they are leasing due to an incurable violation of the rules of the lease. This is required to be issued to a tenant prior to any court cases being filed.

Is this Notice Curable?
----------------------

No, this 3-Day Notice to Vacate is not curable by design. However, a tenant may dispute they have violated a material requirement of the lease in a court case.

How to Serve this Notice
-------------------------

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process which may be used as evidence later in a court case. The PDF on this page contains a Proof of Service example which can be filled out by whoever serves this notice. Most landlords hire professional process servers. In Texas, this notice is often served by the landlord, but hiring a neutral third-party is often the best option.

[Additional Reference](https://guides.sll.texas.gov/landlord-tenant-law/eviction-process)

What Is This Notice to Quit Used for?
-------------------------------------

30-Day Notice Quit (blank draft provided at the end) is used in California by a landlord to initiate the formal process of removing a tenant from a leased rental unit where the tenant has had a residency for less than a year and is on a month-to-month lease. If they have lived there for more than one year, a [60-Day Notice to Quit](https://getdispute.com/guide/60-day-notice-to-quit-for-california) must be used instead. This is somewhat rare in California since most landlords prefer to start with a one-year lease and allow the tenant to become month-to-month after the lease ends.

It's important to note this Notice is not used for Covid related tenancy issues. If you think you may be subject to Covid-era rules about your dispute or are unsure of what to do on your own, you should contact a local attorney to get legal advice.

When Should a Landlord Use a 30-Day Notice to Quit
--------------------------------------------------

The [state has outlined](https://selfhelp.courts.ca.gov/eviction-landlord/notice-types) five eviction notices to use in various situations. As outlined on that page, the 30-Day Notice to Quit is reserved for instances where you want a month-to-month tenant who has been at the property for less than a year to leave. This new form and requirement was initially codified in 2019 with the Tenant Protection Act, even though it is similar to the older 15-Day Notice to Quit, which is no longer used for new disputes.

This 30-Day Notice can only be used when the tenant has lived at the property for less than one year. If they have lived there for more than one year, a [60-Day Notice to Quit](https://getdispute.com/guide/60-day-notice-to-quit-for-california) must be used instead.

It's also important to note that various cities in California have their own, more restrictive landlord-tenant laws which govern these disputes. For example, [San Francisco requires](https://sfrb.org/topic-no-202-general-eviction-notice-requirements) several additional forms, filings, and waiting periods when the 30-Day Notice to Quit is used, and a landlord may be unable to evict a tenant using this notice at all. These requirements vary city by city, and if you are located in a large city that has strict rent control laws, your best bet is to contact a local attorney who can guide you through the process.

How Should a 30-Day Notice to Vacate Be Given to a Tenant?
----------------------------------------------------------

There are [very specific laws](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1946.1.&nodeTreePath=8.4.69.3&lawCode=CIV) a landlord in California must follow to serve any notice to a tenant formally. Courts regularly dismiss unlawful detainer actions (eviction cases) where notices have not been served correctly, resulting in the landlord needing to start over from scratch (with a new notice being served properly). In general, the tenant has the right to continue to occupy the unit during any restarts.

A landlord can serve the notice themself but must do so correctly, so long as they document how the notice was served at the time of service, keep accurate paper copies of their records, and follow the specific process serving laws above. Many landlords prefer to hire professional process servers to serve the initial notice or quit to minimize the chances of future delays.

Where to Get the Official Form for a 30-Day Notice to Quit?
-----------------------------------------------------------

The state provides no official form for this notice, and landlords are allowed to write their own documents. The state does [provide specific information](https://selfhelp.courts.ca.gov/eviction-landlord/notice-types#:~:text=Your%20tenant%20has%20unpaid%20rent%20due%20on%20or%20after%20October%201%2C%202021) that must be included in the document:

*   The full names of all tenants
*   The rental property address
*   A statement that the month-to-month rental tenancy will end in 30 days
*   A legally required statement on picking up personal property
*   The just cause (the legal reason) for ending the lease
*   A statement that the tenant has the right to either (1) get relocation assistance from you or (2) does not have to pay the last month's rent (specify exactly how much that is)
*   The date they must move out by (assumed to be 30 days or 60 days, but often stated explicitly)

What is the 3-Day Notice to Quit used for?
-------------------------------------

A 3-Day Notice to Perform or Quit (blank draft provided on left) is used in California by a landlord to initiate the formal process of removing a tenant from a leased rental unit. This notice informs a tenant they have violated a requirement of the lease, and have three days to pay past due rent; otherwise, the landlord will file a case in court (usually an unlawful detainer action in Superior Court).

These violations usually need to be major for a court to consider them just cause for an eviction. Common examples of these include:

*   Moving in a pet when the lease specifies no pets
*   Moving in additional people (family or friends) when the lease specifically states the tenant cannot do this
*   Causing significant damage to the property
*   Endangering others at the property, neighbors, or the community
*   Dealing drugs or being involved in gang activity at the property

Immigration status, sex, race, religion, and other demographic reasons are generally not just causes to evict someone as they are protected under discrimination laws.

When Should a Landlord Use a 3-Day Notice Quit?
-----------------------------------------------

The 3-Day Notice to Quit is reserved for instances where the tenant has broken a lease or rental agreement rule, been served a Notice to Perform or Quit, and failed to fix the issue. At that stage, a landlord can inform a tenant that they now have no other options and must vacate the property within three days. Remember, weekends and court holidays do not count as part of the three days.

Serving a Notice to Quit does not actually guarantee that a landlord may evict a tenant. In some California cities there are additional local laws in place to protect tenant rights, and additional processes before a landlord is given approval to evict a tenant. As an example, [San Francisco has multiple](https://sfrb.org/topic-no-202-general-eviction-notice-requirements) additional forms, filings, and hearings that must be followed and the process can take one or two years of additional time.

How should a notice to quit (vacate) be given to a tenant?
----------------------------------------------------------

There are [very specific laws](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1946.1.&nodeTreePath=8.4.69.3&lawCode=CIV) a landlord in California must follow to "serve" any notice, including a 3-Day Notice to Quit, to a tenant formally. If these laws are not followed strictly, a subsequent court action will likely be dismissed, resulting in the landlord needing to start over from scratch (with a new notice being served properly) while the tenant continues to occupy the property.

In general, a landlord can serve the notice themself but must do so correctly, document how the notice was served at the time of service, and keep accurate paper copies of their records. Most landlords prefer to hire professional process servers to serve the initial notice to pay or quit to minimize the chances of future delays.

Where to get the official form for a 3-Day Notice to Pay or Quit?
-----------------------------------------------------------------

The state provides no official form for this notice, and landlords are allowed to write their own documents. The state does [provide specific information](https://selfhelp.courts.ca.gov/eviction-landlord/notice-types#:~:text=Your%20tenant%20has%20unpaid%20rent%20due%20on%20or%20after%20October%201%2C%202021) that must be included in the document:

*   The full names of all tenants
*   The rental property address
*   A statement of the behavior or action that the tenant has done to violate the lease that this notice to quit to be given
*   A statement that the tenant must move out in 3 days

3-Day Notice to Quit

### What is this 30-Day Notice to Vacate (Foreclosure) used for?

The 30-Day Notice to Termination is used by landlords in Texas to end a month-to-month lease. Although this can often be done informally (by email or text message), a formal notice is required prior to any eviction filing. 

### Is this Notice Curable?

No, the 30-Day Notice to Quit is not curable. This means there is nothing the tenant can do to avoid eviction if they do not move out by the assigned date.

### How to Serve this Notice to a Tenant?

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process that may be used as evidence later in a court case. The PDF on this page contains a Proof of Service example which can be filled out by whoever serves this notice. Most landlords hire professional process servers. Acceptable methods of service for this notice are personal service, substituted service, posting, and regular/certified/registered mail with return receipt.

30-Day Notice of Termination (Month-to-Month Tenancy)

### Used For…

The 30-Day Notice of Termination (No Lease/End of Lease)  is used by landlords in Illinois to end a month-to-month or quarterly tenancy. A landlord is required to provide the tenant with this notice, giving the tenant 30 days to move out prior to any eviction filings. Day 1 is the day the tenant was served the Notice. Weekends and holidays are included in the 30-day period. 

### Is this Notice Curable?

No, this notice is not curable. This means there is nothing the tenant can do to avoid eviction if they do not move out by the assigned date.

### How to Serve this Notice

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process that may be used as evidence later in a court case. The PDF on this page contains a Proof of Service example which can be filled out by whoever serves this notice. Most landlords hire professional process servers. Acceptable methods of service for this notice are personal service or substituted service. Posting is only permitted if the tenant has abandoned the property and no one is living there. The affidavit of service should be notarized.

30-Day Notice of Termination

### Used For…

The 5-Day Notice to Quit (Non-Payment) is used by landlords in Illinois to demand a tenant to either pay the past-due rent owed or vacate the property thereby ending the lease. Regardless of the tenant’s action after receiving this notice, the landlord maintains the right to unpaid rent. A landlord is required to provide the tenant with this notice, giving the tenant 5 days to pay the past-due rent or move out prior to any eviction filings. Day 1 is the day the tenant was served the Notice. Weekends and holidays are included in the 10-day period.

### Is this Notice Curable?

Yes, this 5-Day Notice to Quit is curable because the tenant can pay the past-due rent to be allowed to continue occupying the property.

### How to Serve this Notice

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process that may be used as evidence later in a court case. The PDF on this page contains a Proof of Service example which can be filled out by whoever serves this notice. Most landlords hire professional process servers. Acceptable methods of service for this notice are personal service or substituted service. Posting is only permitted if the tenant has abandoned the property and no one is living there. The affidavit of service should be notarized.

5-Day Notice to Quit (Non-Payment)

What is this Notice or Pay or Quit used for?
-------------------------------------

A 3-Day Notice to Pay or Quit (blank draft provided at the end) is used in California by a landlord to initiate the formal process of removing a tenant from a leased rental unit. This notice informs a tenant they have 3 days to pay past due rent; otherwise, the landlord will file a case in court (usually an unlawful detainer action in Superior Court).

The State Code has required this new form of Civil Procedure since the 2019 Tenant Protection Act passed, which eliminated the most common previous notice. There was also a temporary 15-Day Notice to Pay or Quit, which can still be used for rent owed between September 1, 2020, and January 31, 2021. This could be subject to Covid regulations and limitations.

When Should a Landlord Use a 3-Day Notice to Pay or Quit?
---------------------------------------------------------

There's a lot of confusion in California about when to use which notice. The state has outlined five eviction notices to use in various situations. As outlined on that page, the 3-Day Notice to Pay or Quit is reserved for instances where the tenant has past-due rent, which is the cause of the eviction.

It's also important to note that various cities in California have their own, more restrictive landlord-tenant laws which govern these disputes. For example, San Francisco requires additional forms, filings, and waiting periods when the 3 Day Notice to Pay or Quit is used. These requirements vary city by city, and if you are located in a large city that has strict rent control laws, your best bet is to contact a local attorney who can guide you through the process.



How should a notice to vacate be given to a tenant?
---------------------------------------------------

There are [very specific laws](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1946.1.&nodeTreePath=8.4.69.3&lawCode=CIV) a landlord in California must follow to serve any notice to a tenant formally. If these laws are not followed strictly, a subsequent court action may be dismissed, resulting in the landlord needing to start over from scratch (with a new notice being served properly).

In general, a landlord can serve the notice themself but must do so correctly, document how the notice was served at the time of service, and keep accurate paper copies of their records. Many landlords prefer to hire professional process servers to serve the initial notice to pay or quit to minimize the chances of future delays.

Is there an official form for a 3-Day Notice to Pay or Quit?
-----------------------------------------------------------------

The state provides no official form for this notice, and landlords are allowed to write their own documents. The state does [provide specific information](https://selfhelp.courts.ca.gov/eviction-landlord/notice-types#:~:text=Your%20tenant%20has%20unpaid%20rent%20due%20on%20or%20after%20October%201%2C%202021) that must be included in the document:

*   The full names of all tenants
*   The rental property address
*   The exact amount of rent owed
*   A statement that all past due rent must be paid within three days or the tenant must move out
*   The name, address, and phone number of the person to be given payment
*   If the tenant is allowed to pay rent in person, the days, times, and address the rent can be paid
*   Whether or not the tenant is allowed to pay the rent by mail, and the address where they can pay by mail


Used for...
----

30-Day Notice to Quit is used by landlords in Florida to end a month-to-month lease. Often, people will send informal notices (by email or text message), but this formal notice is used when a landlord anticipates the possibility of a full eviction process.

Is this Notice Curable?
----------------------

No, the 30-Day Notice to Quit is not curable. This means there is nothing the tenant can do to avoid eviction. Other [Florida eviction notices](https://getdispute.com/form-library) can be cured by the tenant.

How to Serve this Notice
-------------------------

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process which may be used as evidence later in a court case. The PDF on this page contains a Proof of Service which can be filled out by whoever serves this notice. Most landlords hire professional process servers or attorneys for this, but it is possible to do it yourself and save money as long as you carefully follow the rules.

[Additional Reference](https://www.fdacs.gov/Consumer-Resources/Landlord-Tenant-Law-in-Florida)

## When should a Florida landlord use a 30-Day Notice?

In general, most landlords will give informal notice to a tenant by text message, email, or phone call. In the vast majority of lease agreements, this is sufficient for the tenant to want to move out without any disputes. Less frequently, a tenant will refuse to move out. It is in these situations that a formal notice becomes necessary.

The reason a [formal eviction notice](https://getdispute.com/form-library/eviction-notice) is used is to be able to prove to a court later on that the tenant was actually notified about their obligation to move out, well in advance, in a manner that the court agrees is clear and unambiguous. These kind of laws were put in place to reduce the amount of power a landlord had to make last minute decisions that would severely negatively impact an otherwise rule-following tenant.

## How should the 30-Day Notice be delivered to a tenant?

It's important to realize that delivering a 30-Day Notice is not the same thing as sending any other type of information to a tenant. In particular, the notice must be "served" on the tenant.

Serving a 30-Day Notice to a tenant means that the notice must be delivered in a way that provides proof that the tenant received it. This is usually done by hand-delivering the notice to the tenant or by sending it via certified mail with a return receipt requested. The notice should also be posted in a conspicuous place, such as on the front door of the rental unit. For the notice, a landlord can serve it themselves (though this isn't always the wisest decision). For [eviction court paperwork](https://getdispute.com/form-library/eviction-court-filing), they must get someone else to do the service.

The best way to ensure that a 30-Day Notice is properly served is to hire a professional process server. This individual will know the proper way to deliver the notice to the tenant, and can even provide documentation to prove that the notice was delivered. This is important, as the tenant may try to claim that they never received the notice.

## Retaining proof of service for the notice

However you choose to serve the notice, be sure to obtain and keep a proof of service in your records. A proof of service is a sworn affidavit from the server stating what was served, and how and when. The proof of service is your only way to prove to the court that you gave the other person notice of the lawsuit as required by law.

You should fill out and sign the proof of service right after the document is served and keep it in your records for future reference.

You can also ask the person you served to sign a statement confirming that you served the notice and how you served it, though, most people will refuse to sign this statement. The [eviction notice template](https://getdispute.com/pdf/select) above includes a second page with a proof of service on it.

### Used For…

The 90-Day Notice to Quit (Foreclosure) is used by landlords in California to require a tenant to leave a property they are leasing due to the property being foreclosed upon, and the tenancy will not be continued.  A landlord is required to provide the tenant with this notice, giving the tenant 90 days to move out prior to any eviction filings. If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process. The Notice must include:

- Date the tenancy will terminate and the required “moved out” date
- The tenant(s) full name(s)
- The rental home address

### Is this Notice Curable?

No, this notice is not curable. This means there is nothing the tenant can do to avoid eviction if they do not move out by the assigned date. 

### How to Serve this Notice

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process that may be used as evidence later in a court case. The PDF on this page contains a Proof of Service example which can be filled out by whoever serves this notice. Most landlords hire professional process servers. Acceptable methods of service for this notice are personal service, substituted service, or posting. If substituted or posted, the server must mail a copy of the documents to the address served. **Day 1 is the 1st day after you got the Notice. Then you count every day.**

90-Day Notice to Quit (Foreclosure)

### Used For…

The 7-Day Notice of Termination (No Lease/End of Lease)  is used by landlords in Illinois to end a week-to-week tenancy. A landlord is required to provide the tenant with this notice, giving the tenant 7 days to move out prior to any eviction filings. Day 1 is the day the tenant was served the Notice. Weekends and holidays are included in the 7-day period. 

### Is this Notice Curable?

No, this notice is not curable. This means there is nothing the tenant can do to avoid eviction if they do not move out by the assigned date.

### **How to Serve this Notice**

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process that may be used as evidence later in a court case. The PDF on this page contains a Proof of Service example which can be filled out by whoever serves this notice. Most landlords hire professional process servers. Acceptable methods of service for this notice are personal service or substituted service. Posting is only permitted if the tenant has abandoned the property and no one is living there. The affidavit of service should be notarized.

7-Day Notice of Termination

### Used For…

The 15-Day Notice to Quit (Non-Compliance) is used by landlords in Pennsylvania to formally demand a tenant, who has an at-will tenancy or has occupied the property for less than one year, to leave a property they are leasing due to a violation of the rules of the lease.  A landlord is required to provide the tenant with this notice, giving the tenant 15 days to move out prior to any eviction filings. Day 1 is the day the tenant was served the Notice. Weekends and holidays are included in the 15-day period. 

### Is this Notice Curable?

No, this notice is not curable. This means there is nothing the tenant can do to avoid eviction if they do not move out by the assigned date.

### How to Serve this Notice

[Serving an eviction notice](https://getdispute.com/guide/how-to-serve-an-eviction-notice) to a defendant is a formal process that may be used as evidence later in a court case. The PDF on this page contains a Proof of Service example which can be filled out by whoever serves this notice. Most landlords hire professional process servers. Acceptable methods of service for this notice are personal service or posting.

15-Day Notice to Quit (Non-Compliance)

<h2 id="when-to-use-an-eviction-notice">When to use an Eviction Notice</h2>
<p>Eviction notices are used to inform a tenant they must take an action and/or their right to lease a property has ended and they must move out.</p>
<p>Some notices offer the tenant the opportunity to remain in the unit if they correct a major issue (for instance, <a style="text-decoration: underline;"href="https://getdispute.com/form-library/eviction-notice/Florida/florida-3-day-notice-to-pay-or-quit">failure to pay rent</a>). These forms are considered "curable." Other notices are <a style="text-decoration: underline;"href="https://getdispute.com/form-library/eviction-notice/Florida/florida-7-day-notice-to-quit">incurable notices</a> meaning the tenant must vacate the premises.</p>
<p>Notices vary in purpose and length, and requirements for minimum lengths, information required on the notice, etc. are usually set by state level laws.</p>
<h2 id="important-prepare-and-serve-the-eviction-notice-correctly">Important: prepare and serve the Eviction Notice correctly</h2>
<p>The requirements for what to put on the form, and how to serve it, are important if the landlord wants to <a style="text-decoration: underline;"href="https://getdispute.com/form-library/eviction-court-filing">file an eviction court case</a> later, otherwise the court may dismiss the case until the notice is done correctly.</p>

<h1 id="when-to-use-a-postponement">When to use a Postponement:</h1>
<p>Postponements are used to change the hearing date of a trial or pretrial conference to a later date. They are sometimes called Motions to Continue. There are also different deadlines to file postponements - if you file too close to the hearing date, the court may not process your request in time. In this case, you should prepare to show up on your original hearing date.</p>
<p>In general, postponements must have case information and the reason for requesting more time. Some states have a specific form that you need to fill out, while other states simply need a request letter.</p>

## What is a contested continuance?

If the defendant has not agreed to the rescheduling of the hearing, you’ll need to file a contested continuance. Although some of the papers you file are the same, agreed and contested continuances have different filing processes. 

## How to File a Contested Continuance in Texas:

**Step 1: Call the court to get a new date**

Call the court clerk to obtain an available date.

**Step 2: Fill out the Motion and Order form (see left)**

Fill out the **Motion for Continuance** and **Notice for Hearing**. 

Remember that you need to fill out the case info from the your original court paperwork. You should prepare a good reason for your continuance so your case has the best chance of getting a new court date. 

**Step 3: File your forms to the court**

After completing the Motion for Continuance and Notice for Hearing, y## What is a contested continuance?

If the defendant has not agreed to the rescheduling of the hearing, you’ll need to file a contested continuance. Although some of the papers you file are the same, agreed and contested continuances have different filing processes. 

## How to File a Contested Continuance in Texas:

**Step 1: Call the court to get a new date**

Call the court clerk to obtain an available date.

**Step 2: Fill out the Motion and Order form (see left)**

Fill out the **Motion for Continuance** and **Notice for Hearing**. 

Remember that you need to fill out the case info from the your original court paperwork. You should prepare a good reason for your continuance so your case has the best chance of getting a new court date. 

**Step 3: File your forms to the court**

After completing the Motion for Continuance and Notice for Hearing, you turn-in the forms at the clerks office. A clerk will file-stamp your forms and return the copies to you. 
Make sure you have a copy for yourself and the defendant. 

**Step 4: Arrange for the defendant to be served**

Once your documents were filed with the court, the defendant needs to be notified of the continuance. So you’ll need to arrange defendant service. This can be done by mail, fax, email, or personal delivery. 
Remember to notify the lawyer for the other side if they are using representation. It is important for you to keep evidence that you notified the defendant. 

If you filed your documents with the court through an e-filing system, it’s helpful to have the defendant’s email address. The court may serve the defendant for you electronically. Check your courthouse’s rules to see what is required of you.ou turn-in the forms at the clerks office. A clerk will file-stamp your forms and return the copies to you. 
Make sure you have a copy for yourself and the defendant. 

**Step 4: Arrange for the defendant to be served**

Once your documents were filed with the court, the defendant needs to be notified of the continuance. So you’ll need to arrange defendant service. This can be done by mail, fax, email, or personal delivery. 
Remember to notify the lawyer for the other side if they are using representation. It is important for you to keep evidence that you notified the defendant. 

If you filed your documents with the court through an e-filing system, it’s helpful to have the defendant’s email address. The court may serve the defendant for you electronically. Check your courthouse’s rules to see what is required of you.

Motion for Contested Continuance

## How to reschedule my small claims hearing date in Illinois?

1. **Fill out the request form**
First, you’ll have to fill out a Notice of Motion (see left). This is a state-provided form. Make sure you write the case number on your form. The instructions in the left column will give you more guidance on how to fill out the form. Make sure you sign the document at the end.
2. **Next, you’ll need to notify the defendant**
You can do this through mail. And some courts handle defendant service on your behalf. So ask your courthouse what they do so you don’t serve the defendant twice. 
Once you have arranged defendant service, you can fill out the “Proof of Delivery” section of the Notice of Motion. You will need to sign your name again. 
3. **File To the Court**
Once you’ve notified the defendant and completed the Notice of Motion, you need to file with the court. Different courthouses accept different filing methods, so make sure you file properly.
If you’re confused on what to do, call the court clerk. While they can’t offer legal advice, they can tell you procedural steps to complete when filing a document. 
4. **Obtain Court Approval**
Once the court approves your paperwork, they should return a conformed copy to you. This will likely be the same method that you filed in. For instance, if you mail-filed your Notice of Motion, the court will likely mail their file-marked copy back to you. 
If you haven’t heard back from the court, it is a good idea to call and check the processing status of your paperwork and confirm that you have a new hearing date. 

**If the court does not approve your Notice of Motion or they fail to record it, plan to go to your originally scheduled hearing date.**

Motion to Continue or Extend Time

## How to reschedule your small claims hearing date in Minnesota?

1. **Create a written request (see template on left)**
When filing a continuance, make sure to notify the court of the
    1. Case name
    2. Case number
    3. Court Division
    4. Reason for the continuance
    5. Assigned hearing date
    6. Proposed hearing date
    7. Method of defendant service (fax, email, hand delivery, mail)
    
    Remember to sign your request.
    
2. **Notify the defendant of your intent to postpone the trial**
    
    You have to notify the defendant via a process server. You can either hire one or ask someone who is not a party in the case. They will need to sign an official proof of service. 
    
3. **File forms to court**
    
    Once the defendant is notified, write the date of service on letter. Then, file your Proof of Service and Request for Motion to Continue to court.   
    
    When filing your form, you have a few options. You could file in-person at the courthouse. Or your can e-file or mail your forms. Make sure you get a copy that is stamped with the date of filing. This is also called the conformed copy. 
    
4. **Obtain court approval**
    
    If the court has not returned the conformed copy after you’ve filed, you should make sure they have received it. You can do so by calling the court. Have your case number and the date you filed on hand. Tell the court that you filed a Motion to Continue for your small claim and you want to check the processing status.
    

**If the court has not accepted your Motion to Continue, you should prepare to go to trial on your original hearing date.**

Request for Continuance

## What is an agreed continuance?

An agreed continuance can be used when both parties (the plaintiff and the defendant) agree to reschedule the trial date. A judge in Texas is much more likely to grant an agreed continuance than a contested continuance. 

If the defendant has not agreed to the rescheduling, you’ll need to file a contested continuance. Although the forms may look similar, agreed and contested continuances are used at different times and have different filing processes.

## How to reschedule your small claims hearing date in Texas using an agreed continuance

**Step 1: Call the court to get a new date**

Call the court clerk to obtain an available date.

**Step 2: Fill out the Motion and Order form (see above)**

The **Agreed Motion for Continuance** form tells the judge you need a continuance, and the other side has agreed. Fill it out completely in blue or black ink and sign it.

- Fill in the original hearing date and time, the agreed new hearing date and time, and the physical address of the courthouse.
- Check **box A** on the order form. (**Box A** must be checked **before** you ask the other side and the judge to sign the order form.)
- If you and the other party have agreed to reset the hearing or trial date to another date, you must also check **Box B** and **Box C**.

**Step 3: Ask the other side to sign both forms**

- If the other side has a lawyer, ask the lawyer to sign.
    
    **Note:** If the other side (or the other side’s lawyer) will not sign both forms, the continuance is not agreed.
    

**Step 4: Turn in your motion form**

- Turn in your completed Agreed Motion for Continuance form at the clerk’s office and get a file-stamped copy.
- Ask the clerk when you can present your Order on Motion for Continuance to a judge. Tell the clerk the continuance is agreed.

**Step 5: Ask the judge to sign your order form**

- If the judge signs your Order on Motion for Continuance, take the signed order back to the clerk’s office.
    - Turn it in and ask for a file-stamped copy.
    - Ask the clerk whether you need to let anyone else at the courthouse know that the continuance has been granted.
    - You may need to let the court administrator know of the change so the court’s calendar can be updated.

**Step 6: Serve the other side**

- Send a file-stamped copy of the signed Order on Motion for Continuance to the other side by email, fax, or commercial delivery.
- Keep proof that you sent it. You must bring proof when you go to court on your new hearing date.

If you e-file the motion, the other party will likely be served with your order electronically, but it might be a good idea to follow up and make sure they received the motion.

Motion for Agreed Continuance

## How to reschedule your small claims hearing date in New Jersey

1. **Create a written request (see template on left)**
When filing a continuance, make sure to notify the court of the
    1. Case name
    2. Case number
    3. Court Division
    4. Reason for the continuance
    5. Assigned hearing date
    6. Proposed hearing date
    7. Method of defendant service (fax, email, hand delivery, mail)
    
    Remember to sign your request.
    
2. **Notify the defendant of your intent to postpone the trial**
    
    You have to notify the defendant via a process server. You can either hire one or ask someone who is not a party in the case. They will need to sign an official proof of service. 
    
3. **File forms to court**
    
    Once the defendant is notified, write the date of service on letter. Then, file your Proof of Service and Request for Motion to Continue to court.   
    
    When filing your form, you have a few options. You could file in-person at the courthouse. Or your can e-file or mail your forms. Make sure you get a copy that is stamped with the date of filing. This is also called the conformed copy. 
    
4. **Obtain court approval**
    
    If the court has not returned the conformed copy after you’ve filed, you should make sure they have received it. You can do so by calling the court. Have your case number and the date you filed on hand. Tell the court that you filed a Motion to Continue for your small claim and you want to check the processing status.
    

**If the court has not accepted your Motion to Continue, you should prepare to go to trial on your original hearing date.**

## How to reschedule your court date in Maryland?

1. **Complete the required form (see left)**
    - *Motion for Continuance / Postponement (CC-DC-070)*
2. **Notify the defendant of your intent to postpone the trial**
    
    You have to notify the defendant and have evidence of service of process. You can do so via first class mail or prepaid postage.
    
3. **File forms to court**
    
    Once the defendant is notified, you can fill out the “Certificate of Service” section of your Motion for Continuance/Postponement. Then, file your Motion to Continue and Order to Continue to court.   
    
    When filing your form, you have a few options. You could file in-person at the courthouse. Or you can e-file or mail your forms. Make sure you get a copy that is stamped with the date of filing. This is also called the conformed copy. 
    
4. **Confirm your filing**
If the court has not returned the conformed copy after you’ve filed, you should make sure they have received it. You can do so by calling the court. Have your case number and the date you filed on hand. Tell the court that you filed an Order and Motion to Continue for your small claim and you want to check the processing status.

**If the court has not accepted your Motion to Continue, you should prepare to go to trial on your original hearing date.**

Motion for Continuance

## How to reschedule your small claims court date in California?

If you want to reschedule your court date, you must ask the court for a postponement. Sometimes this is also referred to as "continuance". 

## How do I file a postponement when it is at least 10 days before my hearing date?

1. **Complete the forms (see left).** 
    - *Request to Postpone Trial* (Form SC-150)
    - *Order to Postpone Trial* (Form SC-152)
    - *Proof of Service by Mail* (Form SC-112A) - if you choose to mail
    - Proof of Service
2. **Notify the Defendant.** 
    
    You will need to mail or personally give the defendant a copy of the completed Form SC-150.
    
    If you choose to mail, have your server:
    
    - fill out *Proof of Service by Mail* (Form SC-112A)
    - mail a copy of the completed SC-150 and a copy of the filled out but not signed SC-112A to the defendant
    - complete and sign the *Proof of Service by Mail* (Form SC-112A)
3. **File your forms to the courthouse.**
    
    Once you have notified the defendant, you can file your paperwork with the courthouse. 
    
    You will need to file this forms packet to the court:
    
    - Completed SC-150
    - Partially completed SC-152
    - Completed SC-112A
    - $10 processing fee
    
    You may be able to e-file or fax file your forms. Check your courthouse’s accepted filing method
    
4. **Wait for the courthouse’s response**
    
    If your request to postpone was accepted by the court, they will return to you the court-accepted SC-152 with a new court date. The court will send this notice to all parties involved in the suit. **If you did not hear from the court, you should go to court on the scheduled trial date.**

## How do I file a postponement when it is within 10 days of my scheduled hearing date?

1. **Complete the forms (see left).** 
    - *Request to Postpone Trial* (Form SC-150)
    - *Order to Postpone Trial* (Form SC-152)
2. **Notify the Defendant.**
    
    You will need someone who is not a party to the case to mail or personally give the defendant a copy of the Form SC-150.
    
    If you choose to mail, have your server:
    
    - fill out *Proof of Service by Mail* ([Form SC-112A](https://dev.greenfiling.com/cadoc/data/CA-forms-unlocked/sc112a.pdf))
    - mail a copy of the completed SC-150 and a copy of the filled out but not signed SC-112A to the defendant
    - complete and sign the *Proof of Service by Mail* ([Form SC-112A](https://dev.greenfiling.com/cadoc/data/CA-forms-unlocked/sc112a.pdf))
3. **Walk your forms to the courthouse.**
    
    Personally take the following forms to the court:
    
    - Completed SC-150
    - Partially completed SC-152
    - Completed SC-112A
    - $10 processing fee
    
    When you arrive at the courthouse, ask the clerk to file the postponement. Sometimes the clerk may instruct you to simply go to your trial and ask the judge for a postponement or continuance directly. Be prepared to present a good reason for why you are requesting a postponement so late. 
    
4. **Wait for the courthouse’s response**
    
    If your request to postpone was accepted by the court, they will return to you the court-accepted SC-152 with a new court date. The court will send this notice to all parties involved in the suit. **If you did not hear from the court, you should go to court on the scheduled trial date.**

Request and Order to Postpone Trial

## Getting a court date in North Carolina

Usually, courts assign a court date within 30 days of the filing date. If it is an eviction case, the new date is within 10-15 days. The clerk of the court will schedule the date, and you can find it on your summons form. 

The summons needs to be served to the defendant. If you are unable to serve the defendant in time, you may want to file a continuance. If it is accepted, you will have more time to complete service of process. 

If you are unable to make the court date, you can file a continuance.

## How to reschedule your small claims court date in North Carolina?

1. **Create a written request (see template above)**
When filing a continuance, make sure to notify the court of the
    1. Case name
    2. Case number
    3. Court Division
    4. Reason for the continuance
    5. Assigned hearing date
    6. Proposed hearing date
    7. Method of defendant service (fax, email, hand delivery, mail) 
    8. Remember to sign the request
2. **Notify the defendant of your intent to postpone the trial**
You have a few ways you can notify the defendant. Whether you choose via fax, mail, email, or hand delivery, it is a good idea to document that the defendant received the notice. Keep track of what day you notified the defendant, as they must be notified before you file the Motion to Continue. 
3. **File forms to court**
    
    Once the defendant is notified, write the date of service on your Motion to Continue. Now that the form is complete, you can file.  
    
    When filing your form, you have a few options. You could file in-person at the courthouse. Or your can e-file or mail in your forms. Make sure you get a copy that is stamped with the date of filing. This is also called the conformed copy. 
    
4. **Obtain court approval**
If the court has not returned the conformed copy after you’ve filed, you should make sure they have received it. You can do so by calling the court. Have your case number and the date you filed on hand. Tell the court that you filed a Motion to Continue for your small claim and you want to check the processing status.

**If the court has not accepted your Motion to Continue, you should prepare to go to trial on your original hearing date.**

## How to reschedule your small claims trial date in Alabama?


1. **Complete the required PS-18 form (see left).**
2. **Notify the defendant of your intent to postpone the trial.** 
    
    You have to notify the defendant and have evidence of service of process. You can do so via first class mail or prepaid postage. If the defendant is using legal representation, send your request to continue to the lawyer. 
    
3. **File forms to court.**
    
    Once the defendant is notified, you can fill out the “Certificate of Service” section of your Request to Continue. Then, file your Request to Continue to court.   
    
    When filing your form, you have a few options. You could file in-person at the courthouse. Or you can e-file or mail your forms. Make sure you get a copy that is stamped with the date of filing. This is also called the conformed copy. 
    
4. **Confirm your filing.**
If the court has not returned the conformed copy after you’ve filed, you should make sure they have received it. You can do so by calling the court. Have your case number and the date you filed on hand. Tell the court that you filed an Order and Motion to Continue for your small claim and you want to check the processing status.

**If the court has not accepted your Motion to Continue, you should prepare to go to trial on your original hearing date.**

Request to Continue Trial 

## How to reschedule my small claims hearing date in Arizona?

1. **Complete the required forms (see left)**
    - Motion to Continue (AOC-LJV9F-080520)
    - Order to Continue (AOC LJCV10F-080520)
2. **Notify the defendant of your intent to postpone the trial** 
    
    You have to notify the defendant and have evidence of service of process. An easy way to do this is through certified mail. 
    
3. **File forms to court**
    
    Once the defendant is notified, write the date of service on letter. Then, file your Motion to Continue and Order to Continue to court.   
    
    When filing your form, you have a few options. You could file in-person at the courthouse. Or you can e-file or mail your forms. Make sure you get a copy that is stamped with the date of filing. This is also called the conformed copy. 
    
4. **Obtain the court's approval**
If the court has not returned the conformed copy after you’ve filed, you should make sure they have received it. You can do so by calling the court. Have your case number and the date you filed on hand. Tell the court that you filed an Order and Motion to Continue for your small claim and you want to check the processing status.

**If the court has not accepted your Motion to Continue, you should prepare to go to trial on your original hearing date.**

Motion and Order to Continue

<h2 id="important">Important:</h2>
<p>When requesting a postponement, it is important that the defendant is notified if the date is changed. Courthouses have different requirements for notifying the defendant, and some courthouses will notify the defendant on your behalf.</p>

<h2 id="important-check-on-your-states-deadlines-to-file-a-lien">Important: check on your state's deadlines to file a lien</h2>
<p>Each state has different deadlines and different required forms to file a lien. The forms required in each state can be very different depending on where you are filing. Some states require that you notify the property owner and other parties of the intention to file a lien before you can begin the process. Again, this notification and requirements of service vary by state.</p>
<p>When it comes time to file a mechanics lien, you will most likely also have to serve the lien so that the property owner and all other parties who need to get notified, receive a copy of the documents filed in the lien.</p>
<p>The requirements to serve a lien (i.e. if the lien can be served in person or by mail) also differ by state. Most states typically require that the lien be recorded in the Registrar’s or Recording Office of the county of the property in question.</p>

## What is a Contractor's Final Payment Affidavit?

A Contractor's Final Payment Affidavit is a form used by contractors to state that the project has been finished and outlines how much the property owner still owes for materials or services. This form needs to be completed and sent to the property owner before seeking to enforce a lien.

## Who uses a Contractor's Final Payment Affidavit?

The contractor is the only one required to furnish a final payment affidavit. This form is not required for subcontractors, suppliers, etc. 

## When must the contractor send the final payment affidavit?

A lien cannot be obtained or enforced if a Contractor's Final Payment Affidavit has not been sent to the property owner. The Contractor's Final Payment Affidavit must be delivered to the owner **at least** 5 days before any lien rights can be enforced.

Contractor's Final Payment Affidavit

## What is a Claim of Lien?

In Florida, a claim of lien (also known as a Mechanic's Lien) is a legal form used to secure payment by placing a 'lien' on the property where the work is done. 

## Who can file a Claim of Lien?

Direct licensed contractors, subcontractors, material suppliers, equipment lessors, and laborers when they perform work to improve property are typical filers of liens.

Architects, engineers, surveyors, and other design professionals, who are entitled to file a mechanics lien for their services that are for the improvement of real property.

## When to file a lien in Florida?

The deadline to file a claim of lien in Florida for prime contractors and subcontractors is 90 days. This means **within** 90 days of the last furnishing of labor or materials to a job.

Once the lien is filed, you must also serve a copy of the lien to the property owner **within** 15 days after filing the lien.

## What must be included in the Claim of Lien?

- The name of the lien claimant & address
- The name of the property owner & address
- The name of the hiring party & address
- The description of the real property (sufficient for identification but not required to be a legal description.)
- The description of the services or materials provided
- The first and last date of furnishing labor or materials
- The amount due
- The amount unpaid
- The total amount of the contract
- The required Florida legal warning
- The dates the preliminary notice was provided to the owner, prime contractor, and subcontractor
- The signature of the claimant or their agent
- A notarized signature

Things to note: you cannot include additional costs in your lien amount.

## **How do you file a Claim of Lien in Florida?**

The claim of lien must be filed in the county recorder's office where the property is located.
Once filed, you must also send a copy of the claim of lien and serve it to the property owner before filing or within 15 days of filing the lien. Service can be effectuated by:
• personal delivery
• certified mail (with a return receipt requested)
• posting on premises****

## Other things to note:

You can only file a claim of lien in Florida on private projects, such as residential or commercial projects.

Claim of Lien

## What is a Notice of Commencement?

A Notice of Commencement is a form typically filed to the county recorder’s office where the job/project is taking place to signal the starting of an improvement project. This official recording allows the contractors working on this project to start a lien effective on the date of commencement. This form lists all parties that are involved in the project such as the lenders, property owners, contractors, subcontractors etc. The form also explains the type of work to be done on the property. 

## Who files the Notice of Commencement?

The Notice of Commencement is to be filed by the property owner or if there is a construction loan on the project, by the Construction Lender. 

## When to file a Notice of Commencement:

The property owner and/or construction lender must file a Notice of Commencement with the county **before** the beginning of a job, but **after** the building permit is pulled. 

Some things to note: 

- The filling must be done within 90 days of when the project begins.
- If there is a loan on the project, you should not file the Notice of Commencement before the mortgage is recorded.
- Unless stated on the Notice, a Notice of Commencement is valid for 1 year at the time of filing. You will need to file another Notice of Commencement if the project takes longer than a year.

## What should be included on the Notice of Commencement?

- The legal property description (street address and tax folio number if applicable)
- A description of the improvements being made
- The name of the owner & address (or lessee if applicable)
- The name of the contractor & address
- The name of the surety & address (if applicable)
- The amount of the payment bond (if applicable)
- The name of the lendor & address
- The owner designee name & address (if applicable)
- The expiration date

## How to file the Notice of Commencement?

The Notice of Commencement must be filed in the county of which the job is located. Once filed, you must also post the Notice of Commencement at the job site, making it visible to the parties involved.

Notice of Commencement

## What is a Satisfaction of Claim of Lien?

Once work completes and all payments have been properly settled, the lien claim has done its job and is considered “satisfied”. The Satisfaction of Claim of Lien is the form used to inform the county recording office of the “satisfaction” of the lien. Once this form is recorded by the office, this lien claim is no longer active and can no longer be used to enforce payment from the property owner.

Florida law does not require a filing to “satisfy” or “release” a lien, however, many property owners will demand this filing. 

## What must be included in the Satisfaction of Claim of Lien?

- The property description & address
- A notarized signature
- The claimant's name & address
- The property owner's name & address
- The lien filing information
    - Date of recording
    - County recorded
    - Recording numbers
- Reason for releasing the claim
    - in this instance- the satisfaction of the claim of lien

## How to file a Satisfaction of Claim of Lien?

Just like filing the Claim of Lien, the Satisfaction of Claim of Lien must be filed in the county recorder's office where the initial lien claim was filed.

Once you've filed the release, sending a copy of the recorded form to the property owner is good practice.

Satisfaction of Claim of Lien

## When to use a Notice to the Owner?

A Notice to the Owner is used to notify the property owner that a Mechanics Lien will be filed on their property in Florida. The form should be completed and sent to the owner **within** 45 days of starting work on the project - be it providing labor or materials or the making of specialty materials.

## Who uses a Notice to the Owner?

Typically, any party who does not have a direct contractual relationship with the property owner should prepare and send a Notice to the Owner as a way to protect their payment through the liens process. However, you can still send one if you have a direct contractual relationship (ex. Prime Contractors).

A subcontractor or material supplier should consider sending a notice to the owner to the property owner, the general contractor, and any other parties that contracted them. 

Other exceptions:

- Laborers- laborers who performed labor on the site and with no furnished materials are excused from sending this notice.
- Professionals- Architects, Interior Designers, Mappers, Landscape Architects, Engineers, etc. are excused from sending this notice.
- Site Workers- Excavators, Site workers, and anyone who performs work on the site to make sure the site is in building cond

## What must be included in a Notice to the owner?

- The name of the Property owner(s) & address
- Owner designee name & address (if applicable)
- General contractor name & address
- A “general description” of the materials and/or work provided on the job
- A legal property description where the job is located
- The hiring party’s name & address
- A list of everyone who is getting copies of the notice
- The statutory “warning” language
- The Lienor’s name & address (the person filing the lien)
- Your signature (or the representative’s signature),
- The date of signature

## How do you send a Notice to the Owner?

A Notice to the Owner must be sent via certified mail or personal delivery. You must obtain evidence of the notice's delivery.

Notice to Owner

<h1 id="when-to-use-a-mechanics-lien">When to use a Mechanics Lien:</h1>
<p>In spite of their name, a mechanics lien is used for contractors, subcontractors, and suppliers. Mechanics liens are legal claims placed on a property that can be used to recover money for unpaid work performed on that property after a specific period of time. A mechanics lien can be placed on real and personal property.</p>
<p>Typically a mechanics lien is created and filed before work gets started on a property. The lien is typically formally recorded in a county’s recording office and remains active until a formal filing of release. If you have not been paid for the work you performed on a property, the lien will remain actively attached to that property so when that property is sold you will have a legal claim (think “first dibs”) on some of its value before the owner can be paid.</p>
<p>Since the current owner always wants to be paid for the full sales price of the property and potential future owners do not want to buy a property with unsettled debt or active liens, the mechanic's lien incentivizes the current property owner to pay their contractors timely and in full to remove any active liens on their property.</p>

## When to use an Affidavit of Non-Service?

When the [process server](https://getdispute.com/guide/everything-you-need-to-know-about-service-of-process) is unable to serve the defendant (either because the defendant is evading or the defendant's address is incorrect, among other reasons), they fill out this form to show the court all of the attempts they’ve made. The court typically uses this history of attempts to decide the next step of the case - be it to dismiss the case, or provide the plaintiff with [alternative service options](https://getdispute.com/guide/substituted-service-motion). 

This form asks for case information, detailed descriptions of each attempt to serve the defendant, and the process server's contact information. It is also sometimes referred to as a [Proof of Non-Service](https://getdispute.com/guide/what-is-an-affidavit-non-service) or Declaration of Due Diligence. 

## How to file an Affidavit of Non-Service?

The complete Affidavit of Non-Service needs to be filed to the court where the case is being heard.  Common methods include:

1. In-person filing
2. Mail filing
3. Fax filing
4. Online filing

Accepted filing methods vary from courthouse to courthouse, so be sure to contact the courthouse for instructions.

Affidavit of Non-Service

## When to use this Proof of Service?

This Proof of Service form is used by the [process server](https://getdispute.com/guide/everything-you-need-to-know-about-service-of-process) after successfully serving the small claims legal documents to the defendant in the state of Michigan. It is sometimes referred to as an Affidavit of Service. 

It asks for case information, detailed descriptions of each attempt to serve the defendant, and the process server's contact information. 

The purpose of the document is to demonstrate to the court that the defendant has received proper notice of the pending action. The document will detail each of the process server's individual attempts to serve the defendant.

## How to file this Proof of Service?

The complete Proof of Service needs to be filed to the court where the case is being heard.  Common methods include:

1. In-person filing
2. Mail filing
3. Fax filing
4. Online filing

Accepted filing methods vary from courthouse to courthouse, so be sure to contact the courthouse for instructions.

Proof of Service

## When to use this Proof of Service?

The form SC-104 Proof Of Service (Small Claims) is used by the [process server](https://getdispute.com/guide/everything-you-need-to-know-about-service-of-process) after successfully serving the small claims legal documents to the defendant in California. It is sometimes referred to as an Affidavit of Service. 

It asks for case information, detailed descriptions of each attempt to serve the defendant, and the process server's contact information. 

The purpose of the document is to demonstrate to the court that the defendant has received proper notice of the pending action. The document will detail each of the process server's individual attempts to serve the defendant.

## How to file this Proof of Service?

The complete Proof of Service needs to be filed to the court where the case is being heard.  Common methods include:

1. In-person filing
2. Mail filing
3. Fax filing
4. Online filing

Accepted filing methods vary from courthouse to courthouse, so be sure to contact the courthouse for instructions.

## When to use an Affidavit of Service?

This form is used by the [process server ](https://getdispute.com/guide/everything-you-need-to-know-about-service-of-process) after successfully serving the legal documents. It is sometimes referred to as a Proof of Service. 

It asks for case information, detailed descriptions of each attempt to serve the defendant, and the process server's contact information. 

The purpose of the document is to demonstrate to the court that the defendant has received proper notice of the pending action. The document will detail each of the process server's individual attempts to serve the defendant.

## How to file an Affidavit of Service?

The complete Affidavit of Service needs to be filed to the court where the case is being heard.  Common methods include:

1. In-person filing
2. Mail filing
3. Fax filing
4. Online filing

Accepted filing methods vary from courthouse to courthouse, so be sure to contact the courthouse for instructions.

Affidavit of Service

## When to use the Eviction (Other Than Unpaid Rent) Form?

There are 2 factors to consider when decided which court form to use in Florida eviction cases:
1. Is the landlord trying to *only* evict the tenant, or evict *and also* claim damages?
2. Is this dispute due to *unpaid rent*, or some other *lease violation*?

It's important to answer these questions to pick the right eviction form because there are slightly different forms for each type of scenario.

The form on this page is used when the landlord is attempting to both only evict the tenant for some reason that is not related to the payment (or non-payment of rent). This most commonly means major violations of the lease, damage to the property, or something else related, and happens after the [7-Day Notice to Vacate](https://getdispute.com/form-library/eviction-notice/Florida/florida-7-day-notice-to-quit) has been served on the defendant.

## Is it easier to only evict a tenant and drop the damages claim?

In general, the Florida courts assess the eviction claim and the damages claim as two related, but separate issues. It is possible for a landlord to be successful in their eviction of a tenant, while being unsuccessful in collecting damages from the tenant.

As a result, it can be easier for landlords to pursue a claim only for eviction. This saves the landlord needing to file two complaint forms ([prepare both eviction complaint forms](https://getdispute.com/pdf/select) in a combined packet online).

Dropping one of the claims will also save the landlord money in serving the defendant later on, as each of the claims has its own summons that needs to be personally served on the defendant. This is similar to [serving an eviction notice in Florida](https://getdispute.com/form-library/eviction-notice), but typically cannot just be posted to the door.

## How do I file the combined form?

The packet for an eviction and damages complaint in Florida requires:
1. Florida Civil Case Coversheet
2. Form 5B - Complaint for Eviction (Other Than Unpaid Rent)
3. Form 7 - Summons for the Eviction Claim
4. Form 8 - Summons for the Damages Claim

Some of the information on these forms is shared, so [preparing a combined eviction packet online](https://getdispute.com/pdf/select) will save significant time and reduce the likelihood of typos and errors which could result in the court rejecting the filing.

## Filing the Eviction Forms Online

If a landlord is preparing and filing the documents themselves, the complete packet can be filed online on [https://www.myflcourtaccess.com](https://www.myflcourtaccess.com/default.aspx). Alternatively, the landlord can use a more [convenient online filing service](https://getdispute.com/pdf/select), or hire an attorney to get assistance. After filing, the landlord will need to retrieve the stamped summons from the court clerk and hire a process server to serve the papers (or find someone not a party to the case to serve the papers).

## Serving the Approved Court Paperwork

After this paperwork is filed in court, the court will issue an approved summons. This summons must be [served on the defendant](https://getdispute.com/guide-category/defendant_service) formally. The requirements here are higher than they were for serving the [initial eviction notice](https://getdispute.com/form-library/eviction-notice) on the tenant. For court summons, the service **must** be made directly to the tenant, and usually cannot be posted on the door. If the tenant is avoiding service, the landlord (plaintiff) may need to ask the judge for permission to try an alternative method of service (such as posting on the door) based on what they have already done to try to serve it personally to the tenant.

Additionally, for service of process of court summons, the plaintiff (landlord) **must** get someone else to do the service. This must be a person who is not party to the case, but it can be a friend or family member of the landlord. Whoever it is must serve the case, and then fill out and file a proof of service with the court indicated the method and time by which service was performed. It is typically recommended for the plaintiff to use the county sheriff or hire a professional process server to serve a defendant. The sheriff is usually a cheaper option with fees ranging from $50 to $80. A private process server is a licensed individual who will cost more ($75 to $150) but will also typically be much faster and more accurate with service.

Court Complaint for Eviction Only (Other Than Unpaid Rent)

## When to use the Eviction Only (Unpaid Rent) Form

There are 2 factors to consider when decided which court form to use in Florida eviction cases:
1. Is the landlord trying to *only* evict the tenant, or evict *and also* claim damages?
2. Is this dispute due to *unpaid rent*, or some other *lease violation*?

It's important to answer these questions to pick the right eviction form because there are slightly different forms for each type of scenario.

The form on this page is used when the landlord is attempting to only evict the tenant specifically due to payment (or non-payment) of rent. This happens after the [3-Day Notice to Vacate](https://getdispute.com/form-library/eviction-notice/Florida/florida-3-day-notice-to-pay-or-quit) has been served on the defendant.

## Is it easier to only evict a tenant and drop the damages claim?

In general, the Florida courts assess the eviction claim and the damages claim as two related, but separate issues. It is possible for a landlord to be successful in their eviction of a tenant, while being unsuccessful in collecting damages from the tenant.

As a result, it can be easier for landlords to pursue a claim only for eviction. This saves the landlord needing to file two complaint forms ([prepare both eviction complaint forms](https://getdispute.com/pdf/select) in a combined packet online).

Dropping one of the claims will also save the landlord money in serving the defendant later on, as each of the claims has its own summons that needs to be personally served on the defendant. This is similar to [serving an eviction notice in Florida](https://getdispute.com/form-library/eviction-notice), but typically cannot just be posted to the door.

## How do I file the combined form?

The packet for an eviction and damages complaint in Florida requires:
1. Florida Civil Case Coversheet
2. Form 5 - Eviction Only (Unpaid Rent
3. Form 7 - Summons for the Eviction Claim
4. Form 8 - Summons for the Damages Claim

Some of the information on these forms is shared, so [preparing a combined eviction packet online](https://getdispute.com/pdf/select) will save significant time and reduce the likelihood of typos and errors which could result in the court rejecting the filing.

## Filing the Eviction Forms Online

If a landlord is preparing and filing the documents themselves, the complete packet can be filed online on [https://www.myflcourtaccess.com](https://www.myflcourtaccess.com/default.aspx). Alternatively, the landlord can use a more [convenient online filing service](https://getdispute.com/pdf/select), or hire an attorney to get assistance. After filing, the landlord will need to retrieve the stamped summons from the court clerk and hire a process server to serve the papers (or find someone not a party to the case to serve the papers).

## Serving the Approved Court Paperwork

After this paperwork is filed in court, the court will issue an approved summons. This summons must be [served on the defendant](https://getdispute.com/guide-category/defendant_service) formally. The requirements here are higher than they were for serving the [initial eviction notice](https://getdispute.com/form-library/eviction-notice) on the tenant. For court summons, the service **must** be made directly to the tenant, and usually cannot be posted on the door. If the tenant is avoiding service, the landlord (plaintiff) may need to ask the judge for permission to try an alternative method of service (such as posting on the door) based on what they have already done to try to serve it personally to the tenant.

Additionally, for service of process of court summons, the plaintiff (landlord) **must** get someone else to do the service. This must be a person who is not party to the case, but it can be a friend or family member of the landlord. Whoever it is must serve the case, and then fill out and file a proof of service with the court indicated the method and time by which service was performed. It is typically recommended for the plaintiff to use the county sheriff or hire a professional process server to serve a defendant. The sheriff is usually a cheaper option with fees ranging from $50 to $80. A private process server is a licensed individual who will cost more ($75 to $150) but will also typically be much faster and more accurate with service.

Court Complaint for Eviction Only (Unpaid Rent)

## When to use the Eviction and Damages Due to Rent Form

There are 2 factors to consider when decided which court form to use in Florida eviction cases:
1. Is the landlord trying to *only* evict the tenant, or evict *and also* claim damages?
2. Is this dispute due to *unpaid rent*, or some other *lease violation*?

It's important to answer these questions to pick the right eviction form because there are slightly different forms for each type of scenario.

The form on this page is used when the landlord is attempting to both evict the tenant AND collect damages, due to unpaid rent.

## Is it easier to only evict a tenant and drop the damages claim?

In general, the Florida courts assess the eviction claim and the damages claim as two related, but separate issues. It is possible for a landlord to be successful in their eviction of a tenant, while being unsuccessful in collecting damages from the tenant.

As a result, it can be easier for landlords to pursue a claim only for eviction. This saves the landlord needing to file two complaint forms ([prepare both eviction complaint forms](https://getdispute.com/pdf/select) in a combined packet online).

Dropping one of the claims will also save the landlord money in serving the defendant later on, as each of the claims has its own summons that needs to be personally served on the defendant. This is similar to [serving an eviction notice in Florida](https://getdispute.com/form-library/eviction-notice), but typically cannot just be posted to the door.

## How do I file the combined form?

The packet for an eviction and damages complaint in Florida requires:
1. Florida Civil Case Coversheet
2. Form 5A - Complaint for Eviction for failure to pay rent and recover past due rent
3. Form 7 - Summons for the Eviction Claim
4. Form 8 - Summons for the Damages Claim

Some of the information on these forms is shared, so [preparing a combined eviction packet online](https://getdispute.com/pdf/select) will save significant time and reduce the likelihood of typos and errors which could result in the court rejecting the filing.

## Filing the Eviction Forms Online

If a landlord is preparing and filing the documents themselves, the complete packet can be filed online on [https://www.myflcourtaccess.com](https://www.myflcourtaccess.com/default.aspx). Alternatively, the landlord can use a more [convenient online filing service](https://getdispute.com/pdf/select), or hire an attorney to get assistance. After filing, the landlord will need to retrieve the stamped summons from the court clerk and hire a process server to serve the papers (or find someone not a party to the case to serve the papers).

## Serving the Approved Court Paperwork

After this paperwork is filed in court, the court will issue an approved summons. This summons must be [served on the defendant](https://getdispute.com/guide-category/defendant_service) formally. The requirements here are higher than they were for serving the [initial eviction notice](https://getdispute.com/form-library/eviction-notice) on the tenant. For court summons, the service **must** be made directly to the tenant, and usually cannot be posted on the door. If the tenant is avoiding service, the landlord (plaintiff) may need to ask the judge for permission to try an alternative method of service (such as posting on the door) based on what they have already done to try to serve it personally to the tenant.

Additionally, for service of process of court summons, the plaintiff (landlord) **must** get someone else to do the service. This must be a person who is not party to the case, but it can be a friend or family member of the landlord. Whoever it is must serve the case, and then fill out and file a proof of service with the court indicated the method and time by which service was performed. It is typically recommended for the plaintiff to use the county sheriff or hire a professional process server to serve a defendant. The sheriff is usually a cheaper option with fees ranging from $50 to $80. A private process server is a licensed individual who will cost more ($75 to $150) but will also typically be much faster and more accurate with service.

Court Complaint for Eviction and Damages (Unpaid Rent)

## What is a default judgement

A default judgement means the defendant did not fight the charges the plaintiff made, and as a result the plaintiff wins by default. This usually only happens when the defendant doesn't show up to their trial or doesn't file any kind of response with the court. This is surprisingly common, particularly in cases where the tenant does not have a rational basis for refusing to follow a [notice to vacate](https://getdispute.com/form-library/eviction-notice). 

As many as 60% of court cases against individual defendants result in a default due to the defendant not showing up. Before the court will issue a default, a number of steps have to be followed correctly to ensure the defendant was in fact aware of, and had sufficient time to respond to, the court case.

## When can a plaintiff get a default judgement?

In order to get a default judgement, a plaintiff needs to [file a case in court](https://getdispute.com/form-library/eviction-court-filing), correctly serve the defendant, ensure the proof of service is filed by the process server, attend their court hearing, and then file the [Motion for Clerk's Default form](https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-clerk-s-default-in-damages). After the Clerk's Default, there will be another motion to request the judge in the case to enter a Final Default (which happens on this form).

## What is the Motion for Default Final Judgement (Damages) Used For?

The Motion for Default Final Judgement  form is used in Florida evictions cases to ask the **judge** to issue a judgement in favor of the plaintiff due to the defendant not arguing their case (i.e., due to a default). This form is used in evictions cases after the [Clerk's Motion](https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-clerk-s-default-in-damages) has been filed and accepted. The 'Damages' part just means this eviction case includes a claim by the plaintiff for money from the defendant, usually to pay the cost of damage to the property, or unpaid backrent.

## What's the difference between the Final Default Judgement form and this Clerk's Default form?

The [Motion for Clerk's Default](https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-clerk-s-default-in-damages) comes first in the process because the clerk verifies all the paperwork was filed correctly. This form, the Motion for Final Default Judgement form in an eviction case, is a motion filed to request the judge to issue the final judgement. This final judgement is what allows a plaintiff (landlord) to actually get some kind of action. In this case, allows the landlord to start collecting the judgement.

## How is the form filed in court?

Typically, this form is partially filled out by the plaintiff and handed to the clerk while the plaintiff is still in court for the trial, sometimes even with the Clerk's Motion form. Since a default judgement is primarily only relevant when the defendant doesn't appear for a trial after being served correctly, the plaintiff can usually decide to file it right away after the trial.

To speed things along, the plaintiff can [prepare a Motion for Default Final Judgement online](https://getdispute.com/pdf/select) and bring it to court with them.

Motion for Default Final Judgement - Damages

## What is a default judgement

A default judgement means the defendant did not fight the charges the plaintiff made, and as a result the plaintiff wins by default. This usually only happens when the defendant doesn't show up to their trial or doesn't file any kind of response with the court. This is surprisingly common, particularly in cases where the tenant does not have a rational basis for refusing to follow a [notice to vacate](https://getdispute.com/form-library/eviction-notice). 

As many as 60% of court cases against individual defendants result in a default due to the defendant not showing up. Before the court will issue a default, a number of steps have to be followed correctly to ensure the defendant was in fact aware of, and had sufficient time to respond to, the court case.

## When can a plaintiff get a default judgement?

In order to get a default judgement, a plaintiff needs to [file a case in court](https://getdispute.com/form-library/eviction-court-filing), correctly serve the defendant, ensure the proof of service is filed by the process server, attend their court hearing, and then file the [Motion for Clerk's Default form](https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-clerk-s-default-in-eviction). After the Clerk's Default, there will be another motion to request the judge in the case to enter a Final Default (which happens on this form).

## What is the Motion for Default Final Judgement (Damages) Used For?

The Motion for Default Final Judgement  form is used in Florida evictions cases to ask the **judge** to issue a judgement in favor of the plaintiff due to the defendant not arguing their case (i.e., due to a default). This form is used in evictions cases after the [Clerk's Motion](https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-clerk-s-default-in-eviction) has been filed and accepted. The 'Damages' part just means this eviction case includes a claim by the plaintiff for money from the defendant, usually to pay the cost of damage to the property, or unpaid backrent.

## What's the difference between the Final Default Judgement form and this Clerk's Default form?

The [Motion for Clerk's Default](https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-clerk-s-default-in-eviction) comes first in the process because the clerk verifies all the paperwork was filed correctly. This form, the Motion for Final Default Judgement form in an eviction case, is a motion filed to request the judge to issue the final judgement. This final judgement is what allows a plaintiff (landlord) to actually get some kind of action. In this case, allows the landlord to start collecting the judgement.

## How is the form filed in court?

Typically, this form is partially filled out by the plaintiff and handed to the clerk while the plaintiff is still in court for the trial, sometimes even with the Clerk's Motion form. Since a default judgement is primarily only relevant when the defendant doesn't appear for a trial after being served correctly, the plaintiff can usually decide to file it right away after the trial.

To speed things along, the plaintiff can [prepare a Motion for Default Final Judgement online](https://getdispute.com/pdf/select) and bring it to court with them.

Motion for Default Final Judgement - Eviction

## What is a default judgement

A default judgement means the defendant did not fight the charges the plaintiff made, and as a result the plaintiff wins by default. This usually only happens when the defendant doesn't show up to their trial or doesn't file any kind of response with the court. This is surprisingly common, particularly in cases where the tenant does not have a rational basis for refusing to follow a [notice to vacate](https://getdispute.com/form-library/eviction-notice). 

As many as 60% of court cases against individual defendants result in a default due to the defendant not showing up. Before the court will issue a default, a number of steps have to be followed correctly to ensure the defendant was in fact aware of, and had sufficient time to respond to, the court case.

## When can a plaintiff get a default judgement?

In order to get a default judgement, a plaintiff needs to [file a case in court](https://getdispute.com/form-library/eviction-court-filing), correctly serve the defendant, ensure the proof of service is filed by the process server, attend their court hearing, and then file this motion. After this Clerk's Default, there will be another motion to request the judge in the case to enter a [Final Default](https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-default-final-judgement-eviction).

## What is the Clerk's Default form used for?

The Motion for Clerk's Default in Damages form is used in Florida evictions cases to ask the clerk to formally state that a default judgement should be entered. Before doing this, the clerk will verify the court papers were filed correctly and that a proof of service exists for the case. After the court clerk grants approves this motion, the approved motion will be presented to the judge to enter the final judgement. The 'In Damages' part just means that this motion is for obtaining a financial award from the defendant (usually due to the cost of repairing damage caused by the defendant or due to unpaid backrent).

## What's the difference between the Final Default Judgement form and this Clerk's Default form?

The Clerk's Default comes first in the process because the clerk verifies all the paperwork was filed correctly. The [Motion for Final Default Judgement form in an eviction case](https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-default-final-judgement-eviction) is a motion filed to request the judge to issue the final judgement. This final judgement is what allows a plaintiff (landlord) to actually get some kind of action. In this case, allows the landlord to start collecting the judgement.

## How is the form filed in court?

Typically, this form is partially filled out by the plaintiff and handed to the clerk while the plaintiff is still in court for the trial. Since a default judgement is primarily only relevant when the defendant doesn't appear for a trial after being served correctly, the plaintiff can usually decide to file it right away after the trial.

To speed things along, the plaintiff can [prepare a Motion for Clerk's Default online](https://getdispute.com/pdf/select) and bring it to court with them.

Motion for Clerk's Default in Eviction

Non-Military Affidavit

## When to File a Writ of Possession

A writ of possession is a form that allows a landlord to obtain physical possession of a property if the tenant doesn't vacate. A writ of possession is used in [Florida eviction cases](https://getdispute.com/form-library/eviction-court-filing) after a judgement has been entered. The writ orders the sheriff of the county or city to physically remove a tenant, change locks, and provide physical access to the property to the landlord.

The exact timing varies by state and courthouse, but typically, a writ of possession is filled out and presented to the court clerk after a [final judgement](https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-default-final-judgement-eviction) has been entered. In other words, after a judge has issued a judgement in the landlord's favor, the landlord can attempt to get physical possession of the property using a writ of possession.

## Where to File a Writ of Possession?

Again this varies by state, but usually a writ of of possession is stamped by the court clerk (to indicate proof that the case has in fact been decided) and then delivered to the sheriff to execute the writ. The writ itself is a command from the court to the sheriff to take physical possession of a property and return it to the landlord. 

As a result, the writ of possession is not typically filed in court. Instead, it is prepared by the plaintiff, given to the court to stamp, and then send to the sheriff. In some places, the court will send it to the sheriff themselves (with a check for sheriff fees provided by the plaintiff).

To speed things along, the plaintiff can [prepare a writ of possession](https://getdispute.com/pdf/select) in advance, and bring it to court.



Writ of Possession in an Eviction Case

## What is a default judgement

A default judgement means the defendant did not fight the charges the plaintiff made, and as a result the plaintiff wins by default. This usually only happens when the defendant doesn't show up to their trial or doesn't file any kind of response with the court. This is surprisingly common, particularly in cases where the tenant does not have a rational basis for refusing to follow a [notice to vacate](https://getdispute.com/form-library/eviction-notice). 

As many as 60% of court cases against individual defendants result in a default due to the defendant not showing up. Before the court will issue a default, a number of steps have to be followed correctly to ensure the defendant was in fact aware of, and had sufficient time to respond to, the court case.

## When can a plaintiff get a default judgement?

In order to get a default judgement, a plaintiff needs to [file a case in court](https://getdispute.com/form-library/eviction-court-filing), correctly serve the defendant, ensure the proof of service is filed by the process server, attend their court hearing, and then file this motion. After this Clerk's Default, there will be another motion to request the judge in the case to enter a [Final Default](https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-default-final-judgement-damages).

## What is the Clerk's Default form used for?

The Motion for Clerk's Default in Damages form is used in Florida evictions cases to ask the clerk to formally state that a default judgement should be entered. Before doing this, the clerk will verify the court papers were filed correctly and that a proof of service exists for the case. After the court clerk grants approves this motion, the approved motion will be presented to the judge to enter the final judgement. The 'In Damages' part just means that this motion is for obtaining a financial award from the defendant (usually due to the cost of repairing damage caused by the defendant or due to unpaid backrent).

## What's the difference between the Final Default Judgement form and this Clerk's Default form?

The Clerk's Default comes first in the process because the clerk verifies all the paperwork was filed correctly. The [Motion for Final Default Judgement form in an eviction case](https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-default-final-judgement-damages) is a motion filed to request the judge to issue the final judgement. This final judgement is what allows a plaintiff (landlord) to actually get some kind of action. In this case, allows the landlord to start collecting the judgement.

## How is the form filed in court?

Typically, this form is partially filled out by the plaintiff and handed to the clerk while the plaintiff is still in court for the trial. Since a default judgement is primarily only relevant when the defendant doesn't appear for a trial after being served correctly, the plaintiff can usually decide to file it right away after the trial.

To speed things along, the plaintiff can [prepare a Motion for Clerk's Default online](https://getdispute.com/pdf/select) and bring it to court with them.

Motion for Clerk's Default in Damages

<h2 id="filing-an-eviction-case-in-court">Filing an Eviction Case in Court</h2>
<p>After a landlord has <a style="text-decoration: underline;"href="https://getdispute.com/form-library/eviction-notice">served an eviction notice to a tenant</a>, they can initiate a court case for eviction (and damages).</p>
<p>In most cases, the filing process for a court claim is:</p>
<ol>
<li>Prepare and file case initiation paperwork in court (including coversheets and summons where required by the court). <a style="text-decoration: underline;"href="https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-complaint-for-eviction-and-damages-unpaid-rent">Example form</a>.</li>
<li>Get a stamped summons from the court clerk</li>
<li>Serve the defendant (the tenant) the summons and file a proof of service in court</li>
</ol>
<p>After the case is filed and served, the defendant (tenant) has a certain amount of time to file a "response" to the case. A response is where the defendant indicates whether they accept the claim  and immediately lose, or they dispute the claim and will contest it. They usually have 5 - 10 days to do this, depending on the state.</p>
<p>If the tenant gets a lawyer, this will also be indicated in their response.</p>
<h2 id="filing-for-default-judgement-if-the-tenant-does-not-respond">Filing for default judgement if the tenant does not respond</h2>
<p>In some cases, the tenant may not respond at all within the allowed time. This may be relatively common depending on the type of dispute and sophistication or desire to contest the case of the tenant.</p>
<p>The default process requires a landlord to first file an <a style="text-decoration: underline;"href="https://getdispute.com//form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-clerk-s-default-in-eviction">motion for Default with the court clerk</a> and then a <a style="text-decoration: underline;"href="https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-motion-for-default-final-judgement-eviction">motion for default with the judge</a>.</p>
<h2 id="the-physical-eviction">The physical eviction</h2>
<p>If the landlord wins the eviction case (after a trial or by default), they can finally obtain a <a style="text-decoration: underline;"href="https://getdispute.com/form-library/eviction-court-filing/Florida/fl-court-form-for-writ-of-possession-in-an-eviction-case">writ of possession</a> form which is an order from the court to the sheriff to assist the landlord in taking physical posession of the property.</p>

Free Forms and Templates

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