Non-Military Affidavit
(Eviction) (FL)

Summary

This non-military affidavit may be filed by a landlord/plaintiff in Florida who is requesting that the clerk of court enter a default against an individual tenant/defendant who has failed to respond to the plaintiff's complaint for eviction and/or damages. This template contains practical guidance, drafting notes, and an optional clause. This template may be used in a commercial or residential action. In Florida, if a tenant fails to answer a complaint for damages within the applicable statutory time-frame (5 days of service for an eviction complaint and 20 days of service for a complaint for damages), the landlord must file the return of service along with a motion for clerk's default. See Fla. Stat. Ann. §§ 51.011, 48.031(1)(a); Fla. R. Civ. P. 1.500., Fla. R. Civ. P. 1.140(a)(1). If the plaintiff is an individual, an affidavit stating that the plaintiff is not subject to the provisions of the Soldiers' and Sailors' Civil Relief Act must be filed with the motion. For a full listing of key content covering residential leasing agreements, see Residential Leasing Resource Kit. For related templates see Motion for Clerk's Default (Possession) (Eviction) (FL) and Motion for Clerk's Default (Damages) (Eviction) (FL). For guidance on eviction procedures in Florida see Residential Eviction (FL), Commercial Eviction (FL), and Eviction Resource Kit (FL).