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FORM 5A COMPLAINT FOR LANDLORD TO EVICT TENANTS FOR FAILURE TO PAY RENT AND TO RECOVER PAST DUE RENT INSTRUCTIONS Form 5 should be used if only eviction of the Tenant is sought. Form 5A should be used to evict the Tenant and recover damages past due rent. FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW. YOU SHOULD CONSULT AN ATTORNEY AS NEEDED. IN THE COUNTY COURT IN AND FOR COUNTY FLORID.

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How to fill out the Form 5a Complaint online

Filling out the Form 5a Complaint online can be a straightforward process when you have clear guidance. This form is essential for landlords seeking to evict tenants for unpaid rent and recover past due amounts.

Follow the steps to complete the Form 5a Complaint online.

  1. Click ‘Get Form’ button to obtain the form and open it in the editor.
  2. Begin by entering the county where the rental property is located in the designated field.
  3. Insert the name of the landlord in the section specified for the plaintiff.
  4. Fill in the case number assigned by the Clerk of the Court in the appropriate space.
  5. Enter the name of the tenant as the defendant in the provided field.
  6. In the first count, describe the action to evict the tenant and include the county name where the property is located.
  7. Provide a detailed description of the real property in the form, including legal or street address and unit number, if applicable.
  8. Indicate the rental amount the tenant is required to pay and clarify the payment terms (weekly, monthly, etc.). Attach a copy of the rental agreement if available as Exhibit 'A'.
  9. State the date when the tenant failed to pay the rent in the designated space.
  10. Document the date the landlord served notice to the tenant, using a copy of the notice as Exhibit 'B'.
  11. In the second count, confirm that the damages do not exceed $15,000 and restate the previous allegations by referring to the earlier paragraphs.
  12. Specify the total amount owed by the tenant and the date of the last payment that was not made.
  13. Finish by entering the landlord’s name, address, and phone number at the bottom of the form.
  14. Review the completed form for accuracy, then save changes, download, print, or share the form as needed.

Start completing your Form 5a Complaint online today.

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Give the tenant a 3-days notice to either pay the outstanding rent or vacate the premises. Write down a complaint and file for eviction. Eviction can be filed with any county clerk serving at a court in a particular county. The landlord must mention “Plaintiff” and his/her contact details on the complaint.

A Florida landlord can terminate without cause a month-to-month tenancy by giving the tenant a written notice at least 15 days before the end of the monthly period. The notice must inform the tenant that the tenancy will end in 15 days and that the tenant must move out of the rental unit by that time.

Form 5A contains a complaint both for eviction and for damages for unpaid rent. If the amount of damages exceeds $15,000 you should not use this form. If a landlord wants to evict a tenant for breaches of the lease other than failure to pay rent, the suit may be for eviction only.

Initial Filing Fees Filing TypeCostTenant eviction with no damages (Non-Monetary)$185Tenant eviction with damages up to $15,000$300Tenant eviction with damages more than $15,000, up to $30,000$400Tenant eviction with Distress for Rent writ$270

You may also file through the Florida Courts E-Filing Portal by using the link below. If filing an eviction through the E-Filing Portal, you will need to mail or bring in a copy of the complaint, three-day notice, summons, and a stamped addressed envelope for each Defendant.

How Long Does the Eviction Process Take in Florida? The Florida eviction process usually takes about 2-3 weeks to be finalized. Evictions can be served for many reasons, including failure to pay rent, violating the terms of the lease or rental agreement, or for criminal activity.

When responding to the notice to quit, there are several options available to the tenant: Pay any delinquent rent that is due to the landlord within the allotted time of the notice. Move out of the premises within the allotted time of the notice. File an answer with the judicial court. File a motion to stay with the court.

Guide To The Eviction Process In Florida Determine whether to proceed with the Florida process of eviction. ... Make sure you haven't violated any Florida lease term. ... Notify the tenant of the eviction. ... Notice of Termination with Cause. ... Serve the Florida Eviction Notice. ... Create an eviction complaint.

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