Complaint For Eviction Of Tenant For Non-Payment Of Rent - Action - Affidavit Of Damages

2 COUNT EVICTION INSTRUCTIONS (For Residential Use Only) NOTE: Property Owners may authorize a Property Manager or another person to act as their agent. If a corporation intends to file an eviction please refer to the Florida Statutes as to who can appear. This authorization will allow the agent to complete the necessary documents to evict a tenant; this inc ludes posting the three (3 ) Day Notice, Complaint Form, and Motion for D efault. If a hearing 1. Complete Landlord(s) and Tenant(s) Name ( Fill in all blanks spaces ). 2. Indicate the complete physical location of the property from which the tenant(s) is/are to be evicted ( Including lot numbers; unit numbers, city, state, and zip ) . 3. Indicate how Defendant (s) came in possession of p roperty (circle either written or oral ); enter the amount of rent t hat is due per month and the date this rent is due. 4. Indicate the date the notice was served on the D efendant (s) and the date to deliver possession . 5. The Landlord/Agent shall not accept any m oney after the Eviction has been filed. Please 6. The eviction suit shall be accompanied by: a. The three (3) day notice and a copy of any written rental agreement, if any. b. In addition to the original set of documents for the court file, we will need two (2) copies of all documents filed for each defendant you are evicting. (Do not include children). c. Please provide a ddressed, stamped envelopes for each Defendant being evicted . 7. The Office fee for service of the eviction summons is $40.00 per D efendant. The service fee may b THIS TYPE OF EVICTION IS SUBJECT TO PERSONAL SERVICE; BE AWARE THIS MAY PROLONG THE EVICTION PROCESS. 8. Filing fees for this action are attached; please note that the fee for filing depends on the amount of back rent you are suing for. When suing for back rent, do not include late fees, utilities, etc. You are only allowed the actual amoun t of back rent which is due. 9. If Judgment for Possession is granted, a Writ of Possession can be issued upon payment of the $90.00 Sheriff . Hunter S. Conrad, Esq. St. Johns County Clerk of the Circuit Court and Comptroller 4010 Lewis Speedway, Saint Augustine, Florida 32084 Office: (904) 819 - 3650 Fax: (904) 819 - 3677 American LegalNet, Inc. www.FormsWorkFlow.com IN THE COUNTY COURT, SEVENTH JUDICIAL CIRCUIT, IN AND FOR ST. JOHNS COUNTY, FLORIDA CASE NO : DIV: Plaintiff, vs. Defendant(s), COMPLAINT FOR EVICTION OF TENANT FOR NON - PAYMENT OF RENT and ACTION FOR RENT COUNT I Plaintiff, sues Defendant (s), and alleges: 1. This is an action to evict a tenant from real property located in St. Johns County, Florida. 2 . Plaintiff owns the following described real property in said county: 3. Defendant (s) has possession of the property under a (Written/Ora l) agreement to pay rent in the a mount of $ on the day of each month/week. 4. On, 20, rent in the amount of $ was past due and unpaid by Defendant(s). A copy of any written agreement being attached hereto. 5. Plaintiff served notice to the Defendant (s) on ; directing Defendant(s) to pay the past due rent or the Defendant (s) was /were to v acate the premises and deliver p ossession of said premises to the Plaintiff o n or before . That Defendant (s) holds over and continues in possession of said premises after the expiration of notice without permission of Plaintiff. A true copy o f the Notice to Pay Rent is attached hereto. COUNT II 1. Plaintiff(s) reiterates and re - alleges Paragraphs 1, 2, and 3 and Count I. 2. The Defendant(s) owes the Plaintiff rent in the amount of $. WHEREFORE, Plaintiff demands Judgment fo r P ossession of said property against Defendant (s) and removal of Defendant (s). Plaintiff and Date Address Phone Number and Email Address American LegalNet, Inc. www.FormsWorkFlow.com IN THE COUNTY COURT, SEVENTH JUDICIAL CIRCUIT, IN AND FOR ST. JOHNS COUNTY, FLORIDA CASE NO: DIV: Plaintiff, vs. AFFIDAVIT OF DAMAGES Defendant(s), STATE OF FLORIDA COUNTY OF SAINT JOHNS: BEFORE ME, the undersigned authority, personally appeared who being firs t duly sworn, states as follows: 1. case and am authorized to make this affidavit. 2. This affidavit is based on my own personal knowledge. 3. Defendant(s) 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(s) has not paid the rent due since [date of payment Ten ant has failed to make]. 5. Defendant(s) owes Plaintiff $ [past due rent amount] as alleged in the Complaint. Address Telephone Number and Email Address 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 or DEPUTY CLERK Name: Commission No. My Commission Expires: American LegalNet, Inc. www.FormsWorkFlow.com SCHEDULE OF FEES All Filing Fees and Sheriff's Office service fees are due at the time of filing your suit. Filing Fees are made payable to: Clerk of Courts and may be paid for by Local Business o r THE CLERK DOES NOT ACCEPT OUT - OF - STATE PERSONAL CHECKS REMOVAL OF TENANT EVICTION POSSESSION ONLY: $185.00 EVICTION - BACK RENT UP TO $100 .00 : $240.00 EVICTION - BACK RENT $100 .00 to $500 .00 : $265.00 EVICTION - BACK RENT $500 .00 to $2,500 .00 : $3 60.00 EVICTION - BACK RENT $2,500 .00 to $15,000 .00 : $485.00 SHERIFF OFFICE SERVICE FEES SERVICE OF SUMMONS PER DEFENDANT: $40.00 WRIT OF POSSESSION: $90.00 Note: For your convenience the Clerk of Court will accept personal checks for the filing fees and Note: The Small Claims / Eviction Department cannot give legal advice to you or interpret the law for you. Information o n evictions may be obtained from the Florida Statutes Chapter 83, located at www.leg.state.fl.us American LegalNet, Inc. www.FormsWorkFlow.com