Legal Question in Landlord & Tenant Law in Florida

Complaint for Eviction

Hi everyone! I am about to file for eviction for the first time and I'd like to include some facts so the Judge will know about the circumstances. The tenant left me a letter promising to pay the late rent by a certain date and he didn't so I want to include a copy of the letter in case he tries to come up with a defense within the five days. I saw the complaint form for my county and it already has five or six statements on it. Can I make my own complaint and include more facts about the situation and attach the letter to it? Thanks!


Asked on 11/18/08, 9:04 am

2 Answers from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Complaint for Eviction

It's legal to deviate from the standard form, but given that it was created by the supreme court and has been used successfully by thousands of landlords across the state, and given that judges like things to be simple and smooth, and given that you want this eviction to be simple and smooth as well, why would you risk screwing this up?

Who cares if the tenant promised to pay? The tenant didn't pay, and the tenant probably won't post. That's all that matters. Use the standard form.

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Answered on 11/18/08, 12:45 pm
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Complaint for Eviction

I agree with Mr. Rose. Don't re-invent the wheel. The Judge will only care about the lease anyway and that is a promise to pay.

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Answered on 11/19/08, 6:21 pm


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