Eviction Summons - Residential

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. American LegalNet, Inc. www.FormsWorkFlow.com 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. _____________________________________________________________________________________________ American LegalNet, Inc. www.FormsWorkFlow.com 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 abovenamed 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 the Rules Regulating The Florida Bar The Florida Bar 2010 This form was completed with the assistance of: Name: Address: Telephone Number: American LegalNet, Inc. www.FormsWorkFlow.com IN THE COUNTY COURT, IN AND FOR ___________________________________ COUNTY, FLORIDA CASE NO. _____________________________ ___________________________________ Plaintiff, vs. EVICTION SUMMONS - RESIDENTIAL ___________________________________ Defendant. TO: _________________________________________________________________________ PLEASE READ CAREFULLY You are being sued by ___________________________________________ to require you to move out of the property located at ____________________________________ for the reasons given in the attached complaint. You are en titled to a trial to decide whether you can be required to move, but you MUST do ALL o f 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 _________________________________________________________ . 2. Mail or take a copy of your written reason(s) to: ________________________________________ ______________________________________________________. 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.] participating.] 4. If you and the Landlord do not agree on the amount of rent owed, you must file a written re quest (motion) which asks the Judge to decide how much money you must give to the Court Clerk. The written request must be filed wi th your answer to t he 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. _____________________________________________________________________________________________ American LegalNet, Inc. www.FormsWorkFlow.com IF YOU DO NOT DO ALL OF THESE THINGS WITHIN 5 DAYS (NOT INCLUDING SATURDAYS, SUNDAYS, AN D LEGAL HOLIDAYS FOR YO UR COU RTHOUSE) YOU MAY BE EVICTED WITHOUT A HEARING OR FURTHER NOTICE. ____________________________________________________________________