STEP ONE – FILING AN EVICTION LAWSUIT FOR RESIDENTIAL PROPERTY

FOR PINELLASCOUNTY

1. If you are the owner of the property and have a rental agreement with the tenant and the tenant is not paying you the rent. You want them evicted and what the back rent that is due to you. You should need the following forms:

a. 64-Civil Cover Letter

b. 61-Complaint for Eviction and Damages

c. 57-Notice from Landlord to Tenant-Termination for failure to pay rent.

d. 30-Summons on Claim for possession and/or Ancillary Relief

2. If you are the owner of the property and have a rental agreement with the tenant and the tenant is not behind on rent but you want to evict them for other reasons. You should file the following forms:

a. 58-Notice from Landlord to Tenant-Termination for non-compliance other then failure to pay rent

b. 62- Complaint for Eviction-Failure to comply with Lease

c. 64-Civil Cover Letter

d. 30-Summons on Claim for possession and/or Ancillary Relief

STEP TWO-SUBMITTING A FINAL JUDGEMENT

After you give the tenant the eviction notice, and filed your complaint with the courts, you have to wait the 5 days (if you filed for failure to pay rent) or the 7 days (if you filed for failure to comply with lease) to give the tenant time to respond to the court with an answer, before you file the next set of forms. Depending on the following:

This list is for Failure to Pay Rent Only

  1. If the tenant did not file an answer or deposit the rent due to the court, you should file the following forms:
  2. 76-Motion for Clerks Default-Residential Eviction
  3. 81-Nonmilitary Affidavit
  4. 78-Motion for Default Final Judgment-Residential Eviction
  5. 66-Final Judgment-Eviction
  1. If the tenant filed an answer and deposited all the rent that they owed. Prepare and file a Request for Hearing. No form is available. After the hearing, you must file the following forms;
  2. 79-Motion for Default Final Judgment-Damages(Residential Eviction)
  3. 80-Affidavit of Damages
  4. 65-Final Judgment-Damages
  1. If the tenant filed an answer but did not deposit the rent that was owed, you should file the following forms:
  2. 76-Motion for Clerks Default-Residential Eviction
  3. 78-Motion for Default Final Judgment-Residential Eviction
  4. 81-Nonmilitary Affidavit
  5. 66-Final Judgment-Eviction
  1. If the tenant filed an answer but only deposited some of the rent that is owed, you will need to file the following forms:
  2. 76-Motion for Clerks Default-Residential Eviction
  3. 78-Motion for Default Final Judgment-Residential Eviction
  4. 81-Nonmilitary Affidavit
  5. 66-Final Judgment-Eviction

This list is for Failure to Comply with Lease-Not failure to pay rent

  1. If the tenant did not file an answer to the eviction notice, you should file the following forms:
  2. 76-Motion for Clerks Default-Residential Eviction
  3. 81-Nonmilitary Affidavit
  4. 78-Motion for Default Final Judgment-Residential Eviction
  5. 66-Final Judgment-Eviction
  1. If the tenant filed a written answer to the eviction notice, prepare and file a Request for Hearing. No form is available. After the hearing you should file these following forms:
  2. 78-Motion for Default Final Judgment-Residential Eviction
  3. 66-Final Judgment-Eviction

Or

STEP TWO-SUBMITTING A FINAL JUDGEMENT “FOR PAST DUE RENTS”

COUNT II

  1. If the tenant was served and 20 days had past giving enough time for the tenant to answer. IF the tenant did not answer to either Count I or II, file the following forms:
  2. 79-Motion for Default Final Judgment-Damages(Residential Eviction)
  3. 80-Affidavit of Damages
  4. 65-Final Judgment-Damages
  5. If the tenant was personally served and filed an answer, file the following forms:
  6. Request for Hearing-No form for this
  7. 65-Final Judgment-Damages
  8. 12-Writ of Possession
  1. If the tenant was served by posting of summons and the tenant filed an answer, file the following forms:
  2. Request for Hearing-No form for this
  3. 79-Motion for Default Final Judgment-Damages(Residential Eviction)
  4. 65-Final Judgment-Damages