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

Summary

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 its failure to respond to the plaintiff's 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 eviction action. In Florida, if a defendant fails to answer a complaint for eviction after the expiration of five business days after personal service 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 along with a Motion for Clerk's Default (Possession) (Eviction) (FL). Fla. Stat. Ann. §§ 51.011, 48.031(1)(a); Fla. R. Civ. P. 1.500. After the default is issued, the plaintiff may file a motion for default final judgment. For a full listing of key content covering residential leasing agreements, see Residential Leasing Resource Kit. For related templates see Final Judgment (Possession) (Eviction) (FL)and Writ of Possession (Eviction) (FL). For a template motion for use when the plaintiff is also seeking damages from the defendant see Motion for Default Final Judgment (Damages) (Eviction) (FL). For guidance on eviction procedures in Florida see Residential Eviction (FL), Commercial Eviction (FL), and Eviction Resource Kit (FL).