## 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 (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 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 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

## 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

## 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

## 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

Non-Military Affidavit

<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>

Eviction Court Filing Forms

Filing an Eviction Case in Court

Filing for default judgement if the tenant does not respond

The physical eviction

All Eviction Court Filing Forms

See All