Motion for Default Final Judgment
(Damages) (Eviction) (FL)

This motion for default final judgment may be filed by a landlord/plaintiff in a Florida eviction action to request that final judgment be entered against the defendant/tenant following their failure to respond to the plaintiff's complaint for damages within the requisite time frame. This template contains practical guidance and drafting notes. For a full listing of key content covering residential leasing agreements, see Residential Leasing Resource Kit. 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 Clerk's Default (Damages) (Eviction) (FL). 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. Note that an affidavit of damages, setting forth the amount of damages, must be filed with this motion and both must be served on the defendant. For related templates, see Final Judgment (Damages) (Eviction) (FL) and Affidavit of Damages (Eviction) (FL). For a template motion for use when the plaintiff seeks only to recapture possession of the leased premises from the defendant, see Motion for Default Final Judgment (Possession) (Eviction) (FL). For guidance on eviction procedures in Florida, see Residential Eviction (FL), Commercial Eviction (FL), and Eviction Resource Kit (FL).