FORM 5 COMPLAINT FOR LANDLORD TO EVICT TENANTS

FORM 5 ─ COMPLAINT FOR LANDLORD TO EVICT TENANTS
INSTRUCTIONS
Form 5 should be used if only eviction of the Tenant is sought. See Fla. R. Civ.
Proc. 1.947 (2010) Form 5A should be used to evict the Tenant and recover
damages (past due rent).
If your Complaint is eviction or eviction and rent of the Tenant, the Residential
Eviction Summons will be required for each defendant to be served. The Clerk’s
Office will complete this form when you file your case for eviction.
FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY
NOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW.
YOU SHOULD CONSULT AN ATTORNEY AS NEEDED.
See Form 7 for service on the defendant.
IN THE COUNTY COURT OF THE FIRST JUDICIAL CIRCUIT
IN AND FOR OKALOOSA COUNTY
CASE NO. ________________
[insert case number assigned by
the Clerk of Court]
________________________________
[insert name of Landlord
Plaintiff,
vs.
COMPLAINT FOR EVICTION
________________________________
[insert name of Tenant]
Defendant.
Plaintiff, ___________________________[insert name of Landlord], sues
Defendant _________________________[insert name of Tenant] and alleges:
1.
This is an action to evict a Tenant from real property in Okaloosa
County, Florida.
2.
Plaintiff owns the following described real property in the County:
_________________________________________________________[insert legal
description of the property including, if applicable, unit number].
3.
Defendant has possession of the 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.
Defendant failed to pay the rent due _______________, 20____[insert
date of payment Tenant has failed to 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.
_________________________________
Signature
_________________________________
Name of Landlord/Property Manager
(circle one)
_________________________________
Address
_________________________________
City/State/Zip Code
_________________________________
Phone Number
Sworn to and subscribed before me this ________ day of _____________,
20_______.
JD PEACOCK II
Clerk of Circuit Court and Comptroller
By:_____________________________________
Deputy Clerk or
Notary Public if signed outside the Clerk’s Office
This form was completed with the assistance of:
Name: ________________________________
Address: ______________________________
______________________________________
Telephone No.: ( )_____________________
Approved for use under rule 10-2.1(a) of
the Rules Regulating The Florida Bar
The Florida Bar 2010
Form 5