Summons - Eviction Claim

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FORM 7

SUMMONS - EVICTION CLAIM

If your Complaint is only for eviction of the Tenant, you need to fill out and deliver this form to the Clerk with the
Complaint. If your Complaint is also for damages, you will need to attach Form 8.
SOURCE: Fla. R. Civ. P. 1.070(2007); Fla. R. Civ. P. Form 1.923 (2007)

FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT COMPLETELY
DESCRIBE REQUIREMENTS OF FLORIDA LAW. YOU SHOULD CONSULT AN ATTORNEY AS
NEEDED.
IN THE COUNTY COURT, IN AND FOR
___________________________________ COUNTY, FLORIDA
[insert county in which rental property is located]

___________________________________
[insert name of Landlord] CASE NO. _____________________________
[insert case number assigned by
Clerk of the Court]
Plaintiff,

vs.
EVICTION SUMMONS - RESIDENTIAL
___________________________________
[insert name of Tenant]
/
Defendant.

TO: _________________________________________________________________________ [insert name,


address, and phone number of Tenant].

PLEASE READ CAREFULLY

You are being sued by _____________________________________________ [insert Landlord's name] to


require you to move out of the property located at _________________________ for the reasons given in the
attached complaint.

You are entitled to a trial to decide whether you can be required to move, but you MUST do ALL of the
things listed below. You must do them within 5 days (not including Saturday, Sunday or legal holidays) after the
date these papers were given to you or to a person who lives with you or were posted at your home.

THE THINGS YOU MUST DO TO CHALLENGE THE EVICTION ARE AS FOLLOWS:

1. Write down the reason(s) why you think you should not be forced to move. The written reason(s)
must be given to the Court Clerk at __________________ [insert address of courthouse].

2. Mail or take a copy of your written reason(s) to: ___________________________________


[insert Landlord's name and address].

3. Give the Court Clerk the rent that is due. You MUST pay the Clerk the rent each time it becomes
due until the lawsuit is over. Whether you win or lose the lawsuit, the Judge may pay this rent to the Landlord. [By
statute, public housing tenants or tenants receiving rent subsidies shall be required to deposit only that portion of the
full rent for which the tenant is responsible pursuant to federal, state, or local program in which they are
participating.]

4. If you and the Landlord do not agree on the amount of rent owed, you must file a written request
(motion) which asks the Judge to decide how much money you must give to the Court Clerk. The written request
must be filed with your answer to the Eviction Complaint. A copy of your motion must also be mailed or hand
delivered to the plaintiff(s) attorney, or if the Plaintiff(s) has no attorney, to the Plaintiff.

_____________________________________________________________________________________________
IF YOU DO NOT DO ALL OF THESE THINGS WITHIN 5 DAYS (NOT INCLUDING SATURDAYS,
SUNDAYS, AND LEGAL HOLIDAYS FOR YOUR COURTHOUSE) YOU MAY BE EVICTED WITHOUT A
HEARING OR FURTHER NOTICE.
_____________________________________________________________________________________________
THE STATE OF FLORIDA:
TO EACH SHERIFF OF THE STATE:

You are commanded to serve this Summons and a copy of the Complaint in this lawsuit on the above-
named Defendant.

DATED on the ________ day of ____________________, 20___

Clerk of the Court

By: __________________________________
Deputy Clerk

Clerk’s Address: _____________________________


___________________________________________
Telephone No. _______________________________

Approved for use under rule 10-2.1(a) of This form was completed
the Rules Regulating The Florida Bar with the assistance of:
Name:
The Florida Bar 2010 Address:
Telephone Number:

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