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

This motion for clerk's default may be filed by a landlord/plaintiff in a Florida eviction action to request that the clerk of court enter a default against the defendant/tenant following his or her failure to respond to the eviction complaint 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 a complaint for eviction after the expiration of five business days after personal service on the defendant or, if service is by posting, five business days after service is effective, the date of posting or mailing, whichever occurs later, the plaintiff may file the return of service for any party that is an individual along with a motion for entry of a default. Fla. Stat. Ann. §§ 51.011, 48.031(1)(a); Fla. R. Civ. P. 1.500. After the default is issued, the plaintiff can make a motion to obtain a final default judgment for possession. For a full listing of key content covering residential leasing agreements, see Residential Leasing Resource Kit. If the defendant is an individual, when the plaintiff files this motion, it must also file an affidavit attesting that it has confirmed that the defendant is not an active military duty member. For a template, see Non-Military Affidavit (Eviction) (FL). For related templates, see Motion for Clerk's Default (Damages) (Eviction) (FL), Motion for Default Final Judgment (Possession) (Eviction) (FL), Final Judgment (Possession) (Eviction) (FL), and Writ of Possession (Eviction) (FL). For guidance on eviction procedures in Florida see Residential Eviction (FL), Commercial Eviction (FL), and Eviction Resource Kit (FL).