This motion for default final judgment may be filed by a landlord/plaintiff in a Florida eviction action to request that final judgment be entered against the defendant/tenant following its failure to respond to the plaintiff's eviction complaint within the requisite time-frame.
Generally, a default allows you to obtain an earlier final hearing to finish your case. Once the default is signed by the clerk, you can request a trial or final hearing in your case.
Form 76 should be used to obtain a Clerk's default when the Tenant has failed to respond to an eviction complaint and Form 77 should be used to obtain a Clerk's default when the Tenant has failed to respond to a complaint for back rent and damages.
83.48 Attorney fees. —In any civil action brought to enforce the provisions of the rental agreement or this part, the party in whose favor a judgment or decree has been rendered may recover reasonable attorney fees and court costs from the nonprevailing party.
The PTFA protects tenants whose leases began before a new owner takes over. If your lease expires prior to the end of the foreclosure lawsuit, and you renew the lease for a new term while the foreclosure lawsuit is still going, the lease may be protected by the PTFA.
The clerk default is simple. If you were sued and you “failed to file or serve any document” in response, the court's clerk may enter a default. A judge's default occurs when a filed paper is deemed insufficient or inappropriate ing to the Florida Rules of Civil Procedure, the Florida Statutes, or a court order.
A sample motion for clerk's default that a plaintiff may use in a Florida circuit court civil action to obtain the entry of a clerk's default against a defendant that failed to timely respond to the complaint and failed to file or serve any document in the action.
To write an eviction notice, you need to include specific information such as addresses, tenant names, lease status and date, reasons for eviction, the date the tenant must leave the property, and record of delivery. Make sure to follow your state's laws regarding notice requirements and timeline for eviction.
toyear tenancy will require a 60day notice before the end of that period. The quartertoquarter tenancy will require a 30day notice before the end of that period. The monthtomonth tenancy will require a 15day notice before the end of that period.