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. 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] Defendant. / CASE NO. ______________________________ [insert case number assigned by Clerk of the Court] COMPLAINT FOR EVICTION AND DAMAGES Plaintiff, _____________________ [insert name of Landlord], sues Defendant, _________________________ [insert name of Tenant] and alleges: COUNT I Tenant Eviction 1. This is an action to evict the Tenant from real property in _________________ [insert county in which the property is located] County, Florida. 2. Plaintiff owns the following described real property in the County: ________________________________________________________________________ [insert legal or street description of property including, if applicable, unit number]. 3. Defendant has possession of the real property under a (oral/written) agreement to pay rent of $ ______________ [insert rental amount] payable _______________________________ [insert terms of rental payments, i.e., weekly, monthly, etc.]. A copy of the written agreement, if any, is attached as Exhibit "A." 4. make]. 5. Plaintiff served Defendant with a notice on _______________, 20___ [insert date of notice], to pay the rent or deliver possession but Defendant refuses to do either. A copy of the notice is attached as Exhibit "B." WHEREFORE, Plaintiff demands judgment for possession of the property against Defendant. COUNT II Damages 6. 7. This is an action for damages that do not exceed $15,000. Plaintiff restates those allegations contained in paragraphs 1 through 5 above. Defendant failed to pay the rent due _______________, 20___ [insert date of payment Tenant has failed to 8. Defendant owes Plaintiff $ ____________________________ that is due with interest [insert past due rent amount] since _____________, 20___ [insert date of last rental payment Tenant failed to make]. WHEREFORE, Plaintiff demands judgment for damages against Defendant. _______________________________________ Landlord's Name ________________________ Address, Unit Number ____________________ _______________________________________ Phone Number __________________________ American LegalNet, Inc. www.FormsWorkFlow.com 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 CASE NO. ______________________________ ______________________________________ Plaintiff, vs. ______________________________________ Defendant. COMPLAINT FOR EVICTION AND DAMAGES / Plaintiff, _____________________, sues Defendant, _________________________ and alleges: COUNT I Tenant Eviction 1. This is an action to evict the Tenant from real property in _________________ 2. Plaintiff owns the following described real property in the County: ________________________________ ________________________________________________________________________. 3. Defendant has possession of the real property under agreem ent to pay re $______________ payable _______________________________. A copy of the written agreement, if any, is attached as Exhibit "A." 4. Defendant failed to pay the rent due _______________, 20___. 5. Plaintiff served Defendant with a notice on _____________, 20___ , to pay the rent or deliver possession but Defendant refuses to do either. A copy of the notice is attached as Exhibit "B." WHEREFORE, Plaintiff demands judgment for possession of the property against Defendant. COUNT II Damages 6. 7. 8. This is an action for damages that do not exceed $15,000. Plaintiff restates those allegations contained in paragraphs 1 through 5 above. Defendant owes Plaintiff $_____________________ that is due with interest since _____________, 20__. WHEREFORE, Plaintiff demands judgment for damages against Defendant. ______________________________________ Landlord's Name ________________________ Address, Unit Number ____________________ _______________________________________ Phone Number __________________________ This form was completed with the assistance of: Name: Address: Telephone Number: Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar The Florida Bar 2010 American LegalNet, Inc. www.FormsWorkFlow.com