Motion for Clerk's Default
(Damages) (Eviction) (FL)

Summary

This motion for clerk's default may be filed by a landlord/plaintiff in Florida to request that the clerk of court enter a default against the defendant/tenant following their failure to respond to a complaint for damages within the requisite time frame. This template contains practical guidance and drafting notes. This template may be used in a commercial or residential action. If the defendant fails to answer the complaint for damages within 20 days of service the plaintiff may file the return of service along with a motion for entry of a default. Fla. R. Civ. P. 1.140(a)(1). After the default is obtained the plaintiff may make a motion to obtain a final default judgment for damages. Note that if the plaintiff is seeking a default for the tenant's failure to respond to a complaint seeking possession of the leased premises, it should file a Motion for Clerk's Default (Possession) (Eviction) (FL). For a full listing of key content covering residential leasing agreements, see Residential Leasing Resource Kit. For related templates, see Motion for Default Final Judgment (Damages) (Eviction) (FL), Affidavit of Damages (Eviction) (FL), and Final Judgment (Damages) (Eviction) (FL). For guidance on eviction procedures in Florida, see Residential Eviction (FL), Commercial Eviction (FL), and Eviction Resource Kit (FL).