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:
- Is the landlord trying to only evict the tenant, or evict and also claim damages?
- 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 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 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, but typically cannot just be posted to the door.