FORM 80 AFFIDAVIT OF DAMAGES The Tenant will have five days, after service, to file a written response to a Complaint for eviction, and 20 days, after service, to file a written response to a complaint for back rent and damages. If the Tenant fails to file a written response in that time the Landlord is entitled to a judgment by default. Obtaining the judgment is a two-step process. First, a Clerk's default should be obtained by delivering to the Clerk of the Court an executed Motion-for Clerk's Default. 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. In order to be entitled to a default, Form 81, Nonmilitary Affidavit, must be filed with the Clerk. Second, based on the Clerk's default, a default final judgment should be obtained from the judge handling the case. The default final judgment is obtained by delivering to the Court a Motion for Default Final judgment-Residential Eviction (Form 78) and/or a Motion for Default Final judgment - Damages (Residential Eviction) (Form 79) with an Affidavit of Damages (Form 80). If the Landlord is seeking a Default Final judgment - Damages (Residential Eviction), a copy of the motion and affidavit must be served on the Defendant. The forms provide a certificate of service to be completed establishing proper service of the motion and affidavit. FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW. YOU SHOULD CONSULT AN ATTORNEY AS NEEDED. American LegalNet, Inc. www.FormsWorkFlow.com IN THE COUNTY COURT, IN AND FOR __________________ COUNTY, FLORIDA [insert county in which rental property is located] ___________________________________ [insert name of Landlord] Plaintiff, vs. ___________________________________ [insert name of Tenant] AFFIDAVIT OF DAMAGES CASE NO. _________________________ [insert case number assigned by Clerk of the Court] Defendant. / STATE OF FLORIDA COUNTY OF ) ) BEFORE ME, the undersigned authority, personally appeared ______________________ [name] who being first duly sworn, states as follows: 1. I am ____ the Plaintiff or ____ the Plaintiff's agent (check appropriate response) in this case and am authorized to make this affidavit. 2. This affidavit is based on my own personal knowledge. 3. Defendant has possession of the property which is the subject of this eviction under an agreement to pay rent of $ ______________ [rental amount] per __________________________ [week, month, or other payment period]. 4. Defendant has not paid the rent due since ______________________ [date of payment Tenant has failed to make]. 5. Defendant owes Plaintiff $ __________________ [past due rent amount] as alleged in the Complaint plus interest. 6. Defendant owes Plaintiff $___________________ [amount of other damages] as alleged in the Complaint plus interest. _____________________________________ Name: _______________________________ American LegalNet, Inc. www.FormsWorkFlow.com Sworn and subscribed before me on _______________________ [date], by __________________________ (name), who _____ is personally known to me/ ______ produced ________________________ [document] as identification and who took an oath. ____________________________________ NOTARY PUBLIC-STATE OF FLORIDA Name: ______________________________ Commission No. ______________________ My Commission Expires: _______________ I CERTIFY that I ____ mailed, ____ faxed and mailed, or ____ hand delivered a copy of this motion and attached affidavit to the Defendant at _____________________________________________________________________________________________ _______________________ [insert address at which Tenant was served and fax number if sent by fax]. Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar The Florida Bar 2010 This form was completed with the assistance of: Name: Address: Telephone Number: American LegalNet, Inc. www.FormsWorkFlow.com IN THE COUNTY COURT, IN AND FOR __________________ COUNTY, FLORIDA ___________________________________ Plaintiff, vs. ___________________________________ Defendant. _______________________________________/ CASE NO. _________________________ AFFIDAVIT OF DAMAGES STATE OF FLORIDA COUNTY OF ) ) BEFORE ME, the undersigned authority, personally appeared _________________________________ who being first duly sworn, states as follows: 1. 2. I am __ the Plaintiff or __ the Plaintiff's agent in this case and am authorized to make this affidavit. This affidavit is based on my own personal knowledge. 3. Defendant has possession of the property which is the subject of this eviction under an agreement to pay rent of $ ______________ per __________________________. 4. 5. 6. Defendant has not paid the rent due since ______________________ Defendant owes Plaintiff $__________________ as alleged in the Complaint plus interest. Defendant owes Plaintiff $__________________ as alleged in the Complaint plus interest. _____________________________________ Name: _______________________________ American LegalNet, Inc. www.FormsWorkFlow.com Sworn and subscribed before me on ______________________ , by ___________________________, who __ is personally known to me/__ produced __________________________ as identification and who took an oath. ____________________________________ NOTARY PUBLIC-STATE OF FLORIDA Name: _______________________________ Commission No. _______________________ My Commission Expires: ________________ I CERTIFY that I __ __ mailed, ____ faxed and mailed, or ____ hand delivered a c opy of t his motion and attached affidavit to the Defendant at _______________________________________________________________ ___________________________________________________________________________. Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar The Florida Bar 2010 This form was completed with the assistance of: Name: Address: Telephone Number: American LegalNet, Inc. www.FormsWorkFlow.com