Nonmilitary Affidavit

FORM 81 NONMILITARY AFFIDAVIT The Tenant will have five days, after service, to file a written response to a Complaint for eviction, and 20 days, after service, to file a written response to a complaint for back rent and damages. If the Tenant fails to file a written response in that time the Landlord is entitled to a judgment by default. Obtaining the judgment is a two-step process. First, a Clerk's default should be obtained by delivering to the Clerk of the Court an executed Motion-for Clerk's Default. Form 76 should be used to obtain a Clerk's default when the Tenant has failed to respond to an eviction complaint and Form 77 should be used to obtain a Clerk's default when the Tenant has failed to respond to a complaint for back rent and damages. In order to be entitled to a default, Form 81, Nonmilitary Affidavit, must be filed with the Clerk. Second, based on the Clerk's default, a default final judgment should be obtained from the judge handling the case. The default final judgment is obtained by delivering to the Court a Motion for Default Final judgment-Residential Eviction (Form 78) and/or a Motion for Default Final judgment - Damages (Residential Eviction) (Form 79) with an Affidavit of Damages (Form 80). If the Landlord is seeking a Default Final judgment - Damages (Residential Eviction), a copy of the motion and affidavit must be served on the Defendant. The forms provide a certificate of service to be completed establishing proper service of the motion and affidavit. 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] Plaintiff, vs. NONMILITARY AFFIDAVIT ___________________________________ [insert name of Tenant] CASE NO. _________________________ Defendant. / On this day personally appeared before me, the undersigned authority, _________________________, who, after being first duly sworn, says: Defendant, _____________________________, is known by Affiant not to be in the military service or any governmental agency or branch subject to the provisions of the Soldiers' and Sailors' Civil Relief Act. DATED: __________________________________ _____________________________________ Signature of Affiant Name: ________________________________ Address: ______________________________ ______________________________________ Telephone No. _________________________ Sworn and subscribed before me on _______________________ [date], by __________________________ [name], who _____ is personally known to me ______ produced ________________________ [document] as identification and who took an oath. ____________________________________ NOTARY PUBLIC-STATE OF FLORIDA Name: ______________________________ Commission No. ______________________ My Commission Expires: _______________ I CERTIFY that I ____ mailed, ____ faxed and mailed, or ____ hand delivered a copy of this motion and attached affidavit to the Defendant at _______________________________________________________________ [insert address at which Tenant was served and fax number if sent by fax]. American LegalNet, Inc. www.FormsWorkFlow.com Name ____________________________ Address __________________________ Fax 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 ___________________________________ Plaintiff, vs. ___________________________________ Defendant. ______________________________________/ CASE NO. _________________________ NONMILITARY AFFIDAVIT On this day personally appeared before me, the undersigned authority, _________________________, who, after being first duly sworn, says: Defendant, ______________________________, is known by Affiant not to be in the military service or any governmental agency or branch subject to the provisions of the Soldiers' and Sailors' Civil Relief Act. DATED: __________________________________ _____________________________________ Signature of Affiant Name: ________________________________ Address: ______________________________ ______________________________________ Telephone No. _________________________ Sworn and subscribed before me on _______________________, by _______________________________, who __ is personally known to me __ produced ______________________ as identification and who took an oath. ____________________________________ NOTARY PUBLIC-STATE OF FLORIDA Name: ______________________________ Commission No. ______________________ My Commission Expires: _______________ I CERTIFY that I __ __ mailed, ____ faxed and mailed, or ____ hand delivered a copy of this motion and attached affidavit to the Defendant at _____________________________________________________________. Name ____________________________ Address __________________________ Fax 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