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In re Revisions to Simplified Forms Pursuant to Rule 10-2.1(a) of the Rules Regulating the Florida Bar
Citations: 50 So. 3d 503; 35 Fla. L. Weekly Supp. 216; 2010 Fla. LEXIS 568; 2010 WL 1488111Docket: No. SC09-250
Court: Supreme Court of Florida; April 15, 2010; Florida; State Supreme Court
Non-lawyers are permitted to assist individuals in completing legal forms approved by the Florida Supreme Court under Rule Regulating the Florida Bar 10-2.1(a), established in 1987. The Florida Bar has developed simplified forms for nonlawyers, which have been approved by the Court. The Board of Governors of The Florida Bar proposed amendments to various residential lease forms, including the deletion of two previously approved forms, after consulting with the Florida Association of Realtors and the Housing Group of Florida Legal Services, Inc. Some amendments reflect changes in statutes. The forms were officially filed with the Court, and the following were approved: 1) Residential Lease for Single Family Home and Duplex (term not exceeding one year), 2) Residential Lease for Apartment or Unit in Multi-Family Rental Housing (other than a duplex) including a mobile home (term not exceeding one year), and 3) Residential Landlord-Tenant Forms. The approved forms include underlined additions and struck-through deletions, though the Court does not opine on their compliance with current law. Instructions accompany some forms, but the Court does not comment on their legal accuracy. Local circuit chief judges may create additional directions for form use, to be filed with court clerks. Additionally, the following forms have been deleted: 1) Residential Lease for Unit in Condominium or Cooperative (term not exceeding one year) and 2) Residential Lease for Single Family Home and Duplex (1992 version, term not exceeding one year). The revisions are adopted and effective upon release of this opinion. The appendix includes specific lease provisions, emphasizing the legal obligations and rights governed by Florida's Residential Landlord and Tenant Act. Tenant is required to pay a total rent of [amount excluding taxes] for the Lease Term, which can be paid in advance either in monthly or weekly installments, or in full. Monthly payments are due on the [day] of each month, or if unspecified, on the first day; weekly payments are due on the [day] of each week, or on Monday if unspecified. Taxes on the rent must be paid when applicable, and the landlord will inform the tenant of any tax changes. If rent is paid in installments, the total amount including taxes is [amount]; if paid in full, the total including taxes is also [amount]. Payments should be made to [name] at [address] or to the landlord’s address if unspecified. If tenancy starts on a non-standard day, rent will be prorated accordingly from [date] through [date], based on a 30-day month. Payments can be made via cash, personal check, money order, cashier’s check, or other specified means. Payments made by non-cash methods are not considered complete until collected. If a payment is made with a bounced check, the landlord may require future payments to be made in cash or by official bank check and impose bad check fees not exceeding the limits set by Florida law. Prior to occupying the premises, the tenant must pay a sum of [amount], and occupancy or receipt of keys is contingent upon this payment. If unspecified, funds are due before occupancy. This includes the first month’s rent, prorated rent, last month’s rent, security deposits, and any pet deposits if applicable. Late fees apply if rent is paid late, calculated as [amount] or, if left blank, 4% of the rent payment for payments made [number of days] late (5 days for monthly payments, 1 day for weekly payments if left blank). Pets are not allowed unless specified, and smoking is prohibited unless indicated otherwise. Notices to the landlord must be sent to [Landlord’s address] or [Landlord’s Agent's address], while notices to the tenant can be sent to their residence or specified address, via U.S. mail or hand delivery. If the tenant is absent, notices can be left at the premises. Tenant is responsible for all utility payments and connection fees during the Lease Term, except for specific utilities covered by the Landlord. The Landlord is obligated to maintain the Premises in compliance with Florida Statutes and will handle repairs unless otherwise specified, with blanks indicating whether responsibilities fall to the Landlord or Tenant. Maintenance requests must be directed to designated contacts provided in the document. Tenant cannot assign or sublease the Premises without written consent from the Landlord unless otherwise indicated. The Landlord will supply a specified number of keys and access devices for common areas, which must be returned at the end of the Lease. If the dwelling was built before January 1, 1978, a Lead Warning Statement must be acknowledged, informing of potential lead-based paint hazards, with necessary disclosures and pamphlet provided to the Tenant. If the Tenant is a servicemember, they have the right to terminate the Lease with 30 days' notice and proof of government orders for relocation, as outlined in relevant Florida Statutes. Landlord or Landlord’s Agent may enter the premises under specific conditions as per the Florida Residential Landlord and Tenant Act, including for protection or preservation, repairs with reasonable notice, inspections, and showing the premises to interested parties. Entry can occur with Tenant’s consent, in emergencies, if consent is unreasonably withheld, or if the Tenant is absent for at least half a rental period. If the rent is up to date and the Tenant notifies the Landlord of an absence, entry is limited to consent or protection needs. The lease is contingent on approval from a homeowner’s association, with any application fees to be paid by either the Landlord or Tenant. If approval is not secured before the lease term starts, either party can terminate the lease with written notice, and the Tenant will receive a return of specified deposits. If the lease remains in effect without approval, rent will be abated until approval is obtained. The Tenant must diligently apply for approval and pay any associated fees, including security deposits if required. The Tenant is required to use the premises for residential purposes exclusively, comply with all relevant laws and regulations, and cannot make alterations without Landlord’s written consent, except for hanging pictures and window treatments, which must be removed at the end of the lease. Any improvements made by the Tenant become the Landlord's property. The Tenant is prohibited from storing hazardous materials on the premises. Both parties are responsible for their own negligence or willful conduct in terms of loss or damage, and the Tenant is advised to carry insurance for personal property and liability. Additionally, the Landlord is restricted from specific actions outlined in Section 83.67 of the Florida Statutes, as referenced in the lease attachment. Casualty damage to the premises allows the Tenant to terminate the Lease within 30 days if the premises are substantially impaired, with no rent due post-termination. The Tenant may also vacate only the damaged portion, reducing rent liability accordingly. In case of defaults, the Florida Residential Landlord and Tenant Act will guide the parties, with a copy attached to the Lease. The Lease is subordinate to any mortgage lien, and the Tenant cannot encumber the premises or allow any liens for improvements; they must notify service providers of this restriction. Renewals or extensions of the Lease require a signed written agreement and cannot exceed a total term of one year with a new lease needed annually. The Landlord is not liable for the storage or disposal of the Tenant’s personal property upon surrender or abandonment. The Tenant must provide their telephone number to the Landlord within five business days of service initiation. In legal disputes, the prevailing party can recover attorney's fees and costs. The Lease emphasizes that time is essential for obligations, binds successors, and requires written agreements for any changes or surrender acceptance. The Lease is governed by Florida law, and facsimile copies are valid as originals. The Landlord must disclose potential radon gas exposure risks as per legal requirements. Brokers' commissions will be paid by either the Landlord or Tenant for securing a tenant, with specific brokerage details and commission amounts to be provided. The Tenant must initial to acknowledge that upon surrender, abandonment, or possession recovery due to the last Tenant's death, the Landlord is not responsible for the storage or disposal of the Tenant's personal property, as per Chapter 83 of Florida Statutes. The Lease has been executed by both Landlord and Tenant, with spaces for signatures and dates indicated. An addendum specifies that if the Tenant chooses to terminate the rental agreement early, they agree to pay a liquidated damages fee not exceeding two months' rent, unless they opt out, in which case the Landlord may seek damages according to the law. The lease is specifically for residential properties and not for commercial or agricultural use, and emphasizes the importance of careful reading and understanding of the lease terms. It outlines essential details such as the lease term, parties involved, property rented, common area usage, and obligations related to rent payments and charges. Tenant is required to pay rent for the Premises in specified installments, either monthly or weekly, with payment due on designated days. Each rent payment must include applicable taxes, which will be communicated by the Landlord if they change. Payments can be made via cash, valid check, or money order, and the Landlord may appoint an agent for collections. If the tenancy does not begin on the first of the month or week, rent will be prorated accordingly. In addition to rent, the Tenant must pay a security deposit, advance rent, pet deposit, late charges for delayed payments, and a fee for bad checks, which cannot exceed $20 or 5% of the payment amount. If a bad check is issued, future payments must be made in cash or money order. Any security deposit or advance rent must be held in a separate bank account, with interest paid to the Tenant at a minimum of 75% of the average interest rate or 5% simple interest per year, as chosen by the Landlord. This money cannot be mixed with other funds, and if a surety bond is posted instead, the same 5% interest applies. At the end of the Lease, any accrued interest will be returned to the Tenant unless the Lease is wrongfully terminated. If the Landlord manages five or more units, they must notify the Tenant within 30 days of the handling of deposits and interest rates. All notices and Lease Payments must be directed to the Landlord's designated agent, with specified methods of delivery and acknowledgment. Notices to the Tenant must be sent via certified mail with return receipt requested or delivered directly to the Tenant at the Premises. In the Tenant's absence, a notice can be left at the Premises. The Tenant is permitted to use the Premises solely for residential purposes and must adhere to all applicable laws and restrictions, which the Landlord will communicate. For properties in condominium or cooperative developments, the Lease and Tenant's rights are subject to the governing documents and any rules that may be established or modified. The Landlord may or may not have the right to adopt additional rules for common areas, which must be reasonable and in the development's best interest unless restricted. Overnight guests may be allowed, subject to a specified duration. Pets are only allowed with Landlord approval unless a deposit has been paid. Smoking is prohibited unless specified otherwise. The Tenant must not keep dangerous items, create environmental hazards, or damage the Premises and cannot make alterations without written consent from the Landlord, although minor changes like hanging pictures are permitted if removed by the Lease Term's end. Regarding maintenance, the Landlord is responsible for maintaining the Premises in compliance with building, housing, and health codes, and if none exist, for general repairs to structural components and plumbing. In condominium situations, maintenance of common areas is managed by the condominium association, which is also responsible for compliance with relevant codes. Landlord is responsible for maintaining items not covered by the association, with specific maintenance duties designated to either the Landlord or Tenant. If a duty is left blank, the Landlord assumes responsibility. Responsibilities include maintaining smoke detectors, extermination of pests, locks and keys, cleanliness of outdoor areas, garbage removal, water supply, lawn care, heating, air conditioning, furniture, appliances, fixtures, and pool maintenance. Major maintenance or replacement, defined as repairs costing over a specified amount, falls under the Landlord's purview unless previously assigned to the Tenant. The Tenant must vacate the premises with 7 days’ notice for extermination, with rent abatement but without Landlord liability for damages. The Landlord is not responsible for issues caused by Tenant negligence. The Tenant must comply with building and health codes, maintain cleanliness, dispose of garbage properly, keep plumbing fixtures in good condition, and use all utilities and appliances responsibly. The Tenant is responsible for utility connection charges, with the Landlord covering specified utilities. Tenants who are active duty servicemembers have the right to terminate the Lease as outlined in Florida Statutes Section 83.682. Landlord or their agent may enter the premises to protect the property, after giving reasonable notice for repairs, inspections, or to show the property to others. Tenant consent is required for the Landlord to enter the Premises, except in emergencies, if the Tenant unreasonably withholds consent, or if the Tenant has been absent for at least half a Rental Installment Period. If the Tenant informs the Landlord of an absence while rent is current, entry is only permitted with Tenant consent or for protection of the Premises. Landlord is prohibited from actions outlined in Section 83.67 of the Florida Statutes, including causing the termination or unreasonable interruption of any utility services to Tenant. The Landlord cannot restrict Tenant access to the Premises, change locks, or remove doors, locks, or windows except for maintenance or repair. Personal property cannot be removed by the Landlord unless after lawful eviction, surrender, or abandonment. Abandonment is defined as absence for at least half a Rental Installment Period without rent payment or notice. In the event of casualty damage impairing the Premises (not due to Tenant's actions), the Tenant has the right to terminate the Lease within 30 days and vacate, with no rent liability post-termination. If only part of the Premises is damaged, rent will be reduced by the fair rental value of that portion. The Landlord will be in default if they fail to meet maintenance obligations or other material provisions of the Lease, continuing for more than 7 days after written notice from Tenant. If noncompliance renders the Premises uninhabitable, the Tenant is not liable for rent during that period. If the Premises remain habitable, rent will be reduced commensurate with the loss of rental value due to the noncompliance. A tenant will be considered in default under the lease if: (1) they fail to pay rent within three days after receiving a written demand from the landlord, excluding weekends and holidays; (2) they fail to fulfill lease obligations that warrant no opportunity for correction or repeat a similar failure within 12 months of a written warning; (3) they fail to perform any other lease obligation for more than seven days after receiving written notice from the landlord. Acceptance of rent or performance by either party, despite known defaults, waives the right to terminate the lease for that default, but subsequent defaults remain enforceable. Remedies for tenant defaults are outlined in the Florida Residential Landlord and Tenant Act, attached to the lease. If the landlord defaults, the tenant may withhold rent equivalent to the loss in rental value after giving written notice. If the landlord does not correct the default within seven days, the tenant may terminate the lease or file a lawsuit for damages. If the rental premises become uninhabitable, the tenant can terminate the lease if the landlord fails to remedy the issue within seven days. The landlord's remedies include recovering possession of the premises if the tenant remains after lease termination and potentially collecting double rent for the duration of the tenant's refusal to vacate. If the tenant defaults by not paying rent, the landlord may terminate the lease and require the tenant to vacate immediately. If the Tenant defaults under the Lease for reasons specified in sections XIV(B)(2) or (3), the Landlord may terminate the Tenant's rights and require them to vacate the premises within seven days of receiving a termination notice. If the Tenant does not cure the default within the specified time, the Landlord can take legal possession of the premises. The Landlord can only recover possession through a lawsuit, if the Tenant has surrendered the premises, or if the Tenant has abandoned the premises. Abandonment is presumed if the Tenant is absent for at least half a rental installment period, rent is overdue, and the Tenant has not notified the Landlord of their absence in writing. Upon default, if the Landlord acquires a writ of possession, the Landlord can either terminate the Lease and regain possession or retake possession for the Tenant's account. If the Landlord retakes possession for the Tenant's benefit, the Tenant remains liable for the difference between the agreed rent and the rent the Landlord can recover from a new tenant. The Landlord must make a good faith effort to re-lease the premises, akin to the efforts made during the initial rental or comparable properties, but is not required to prioritize this property over others. Both parties retain additional legal and equitable remedies. In cases of nonpayment, the Tenant may defend against possession claims by asserting the Landlord's failure to perform required maintenance. However, failure to provide elective maintenance cannot be a defense unless specified in the Lease or by law. The Tenant may raise other legal or equitable defenses, including claims of retaliatory conduct. In lawsuits for possession, if the Tenant raises defenses other than payment, they must deposit past-due rent and current rent during the proceedings into the court registry. If the Tenant fails to do so, they waive all defenses except for payment. The prevailing party in any enforcement lawsuit may recover reasonable court costs and attorney's fees from the losing party. Tenant requires Landlord's written approval to assign the Lease or sublease any part of the Premises unless a specific box is checked. The Landlord's liability for loss or damage to the Tenant's belongings or for injury to the Tenant or others is limited, except in cases of negligence or willful conduct by either party. The Lease is automatically subordinate to any mortgage on the Premises. Tenant cannot encumber the Premises or allow liens for improvements without notifying workers that the Lease prohibits such liens. Tenant's rights under the Lease may be contingent upon approval by an association governing the Premises, with the application fee payable by either Landlord or Tenant. If approval is not obtained before the Lease term begins, either party can terminate the Lease, and any deposits will be returned to Tenant. Rent will abate until approval is secured, and Tenant must diligently pursue approval and pay any required security deposit. Renewals or extensions of the Lease must be in writing and signed by both parties, with a maximum extension of one year. For properties built before January 1, 1978, the Landlord must disclose any known lead-based paint hazards and provide a federally approved pamphlet on lead poisoning prevention, with necessary disclosures made by the Landlord regarding the presence of lead-based paint. Lessor is required to disclose records related to lead-based paint hazards in the housing. The options provided include either confirming that all relevant documents have been shared with the lessee or stating that no such reports exist. The lessee acknowledges receipt of this information and the pamphlet "Protect Your Family From Lead in Your Home." The agent confirms awareness of the Lessor’s obligations under federal law regarding lead paint. In the event of a lawsuit related to the Lease, the prevailing party may recover reasonable attorney fees from the non-prevailing party. The Lease emphasizes the importance of timely performance by both parties and is binding on their successors. It clarifies that changes to the Lease must be in writing and signed. Disputes will be governed by Florida law, with venue in the county where the property is located. Additionally, the Lessor discloses the risks associated with radon gas, which can accumulate in buildings and pose health risks, recommending that tenants seek further information from local health authorities. The tenant agrees that upon surrender or abandonment of the dwelling unit, or in the event of their death, the landlord shall not be responsible for the storage or disposal of the tenant’s personal property. The Lease must be executed by the parties, and a copy of the Florida Residential Landlord and Tenant Act is to be attached. Finally, an early termination fee or liquidated damages clause is included, with the tenant's agreement required. An early termination fee not exceeding two months' rent may be imposed if the tenant terminates the rental agreement, provided the landlord waives any claim for additional rent beyond the month of possession recovery. The tenant does not consent to such liquidated damages and acknowledges the landlord's right to seek damages legally. Various forms related to landlord-tenant interactions, including notices for rent non-payment and eviction processes, are outlined, indicating required actions and timelines. Specifically, a notice must be delivered to the tenant, allowing a three-day period to remedy rent defaults before eviction proceedings can commence, which is in accordance with Florida Statutes. The excerpt emphasizes the importance of reviewing the rental agreement for any specific terms regarding notice periods and conditions. Legal consultation is advised to ensure compliance with Florida law. Notification is given to the Tenant regarding an outstanding debt for rent, specifying the amount owed and the address of the leased premises. The Tenant is required to make payment or vacate the premises within three days of receiving the notice, excluding weekends and legal holidays. The notice includes a demand for compliance with lease terms, highlighting various lease violations such as unauthorized pets, guests, vehicles, or failure to maintain cleanliness. If the Tenant fails to remedy the violation within seven days of receipt of this notice, the rental agreement will be considered terminated, necessitating the Tenant's departure from the premises. In cases of intentional property damage by the Tenant, immediate termination may occur without an opportunity to remedy the situation. Delivery methods for the notice include mailing or hand delivery. The notice must be properly delivered before any eviction proceedings can commence. The document includes references to relevant Florida Statutes and emphasizes the importance of consulting an attorney for legal compliance. Phone Number: Approved for use under rule 10-2.1(a) of the Rules Regulating The Florida Bar. This document serves as FORM 3, a notice from a tenant to a landlord regarding termination due to the landlord's failure to maintain the premises as stipulated by Florida Statute 83.51(1) or the rental agreement. Tenants are advised to review Sections 83.51(1) and 83.51(2) of the Florida Statutes as well as their lease agreement to confirm the alleged violations by the landlord. Termination rights arise only after proper notice is given and if the landlord materially fails to maintain the premises. Section 83.51(1) outlines the landlord's obligations, including compliance with building and health codes and maintaining structural components in good repair, excluding mobile homes owned by tenants. Modifications to these obligations can occur in leases for single-family homes or duplexes. Section 83.51(2) mandates additional responsibilities for landlords of non-single-family homes, such as pest extermination, maintenance of common areas, garbage removal, and installation of smoke detection devices at the start of tenancy. The landlord is not liable for damages during necessary extermination, provided tenants are given notice to vacate for up to four days. Additionally, the section clarifies that landlord obligations do not extend to issues caused by tenant negligence and allows for rental agreements to require tenants to cover certain utility costs. The landlord's responsibilities are primarily determined by subsection (1) unless specifically stated otherwise. Section 83.46 and 83.56 of the Florida Statutes outline tenant rights regarding maintenance of rental properties. A tenant must notify the landlord, or their authorized representative, of noncompliance with maintenance obligations under Florida Statute 83.51(1) and the rental agreement. The notice must specify violations and provide the landlord seven days to address the issues. If unresolved, the tenant may terminate the lease and seek damages. Tenants cannot withhold rent without proper notice and a reasonable period for the landlord to make repairs. If repairs are not made, the tenant may withhold rent or reduce it in proportion to the loss of rental value if the unit remains habitable. However, all past due rent must be paid into the court registry during legal proceedings, and tenants are advised to deposit future rents into a separate account until disputes are resolved. The document emphasizes the necessity of consulting an attorney for a complete understanding of legal obligations and rights under Florida law. A letter is issued under Florida Statute 83.56 regarding eviction procedures. It outlines that Form 5 is applicable for eviction only, while Form 5A is for eviction and recovery of past due rent. The document must include details such as the names of the landlord (plaintiff) and tenant (defendant), the case number, and the specific county where the rental property is located. The complaint asserts that the plaintiff owns the rental property and that the defendant has possession under an agreement to pay a specified rent amount. The complaint must indicate the payment terms (weekly or monthly) and detail the defendant's failure to pay rent due on a specified date. Additionally, it states that the plaintiff served a notice to the defendant regarding the unpaid rent, which the defendant has not addressed. The complaint concludes with a demand for judgment to regain possession of the property and may include a section for damages. All relevant exhibits, including the rental agreement and notice, should be attached. Legal advice is recommended for proper completion and adherence to Florida law. This legal document outlines an action for damages not exceeding $15,000, initiated by the Plaintiff (Landlord) against the Defendant (Tenant) for failure to comply with the rental agreement. The Plaintiff restates previous allegations and asserts that the Defendant owes past rent, including interest, since a specified date of the last payment. The complaint seeks both damages and possession of the property located in a specified county in Florida. Key points include: 1. **Nature of Action**: The action is for eviction due to non-compliance with the lease/rental agreement, not merely for failure to pay rent. 2. **Property Details**: The Plaintiff owns the real property in question, with specific details about its location and description provided. 3. **Agreement Terms**: The Defendant has possession under a specified rental agreement, with the rental amount and payment terms detailed. 4. **Notice of Violation**: The Plaintiff issued a written notice to the Defendant regarding the violation of the rental agreement, which the Defendant has failed to rectify. 5. **Legal Request**: The Plaintiff demands a judgment for possession of the property and includes the requirement to serve the Defendant with an eviction summons. The document includes procedural notes indicating that specific forms must be used for damages claims and emphasizes the need for legal consultation to ensure compliance with Florida law. Entitlement to a trial to contest eviction is conditioned on completing specific actions within 5 working days of receiving the eviction notice. Key steps include: 1. Documenting reasons for contesting the eviction and submitting them to the Court Clerk. 2. Sending a copy of these reasons to the landlord. 3. Paying the due rent to the Court Clerk, with the obligation to continue payments for the duration of the lawsuit; public housing tenants may only need to deposit their responsible portion of the rent. 4. If there is a dispute regarding the rent amount, the tenant must pay the disputed amount to the Court Clerk and file a motion for a hearing on the rent owed, with copies sent to the landlord or their attorney. Failure to complete these actions within the specified timeframe may result in eviction without a hearing. Additionally, the document includes procedural instructions for filing related summonses in eviction cases for back rent and damages, emphasizing the necessity of consulting an attorney for legal compliance. Defendants must respond in writing to the summons from the Landlord within 20 days of service, excluding the service day, and file their defenses with the Court Clerk either prior to or after serving the Landlord. Failure to do so will result in a default judgment against the Defendant, granting the relief sought in the Complaint. Upon the Court entering a judgment for damages, the Plaintiff (Landlord) is advised to obtain a certified copy from the Clerk and record it in the public records where the Tenant owns property. A properly recorded money judgment becomes a lien on the Tenant's real or personal property for up to ten years, extendable for an additional ten years by re-recording within ninety days prior to the expiration and submitting an affidavit with the current address of the lienholder. Total lien duration cannot exceed twenty years or persist beyond the satisfaction of the judgment. This summary adheres to the requirements of Florida Statutes sections 55.081 and 55.10, and legal consultation is recommended for compliance with Florida law. The document also includes a template for a Final Judgment for damages and eviction, requiring specific information about the parties and the case. The court has adjudicated in favor of the Plaintiff (Landlord) for possession of the described rental property against the Defendant (Tenant). The judgment allows for the issuance of Writs of Possession and Execution to enforce this ruling. After the final judgment is entered, the Writ must be delivered to the Clerk of the Court, who will sign it, and then to the Sheriff for service on the Tenant. The Sheriff is authorized to remove the Tenant forcibly after 24 hours from service and may be requested by the Landlord to maintain peace during the eviction process, with the Landlord responsible for the Sheriff's hourly rate. Additionally, regarding the security deposit, the Landlord is required to return it, along with any applicable interest, within 15 days after the Tenant vacates the property. If the Landlord intends to claim part of the deposit, they must notify the Tenant by certified mail within 30 days of the Tenant vacating, detailing the reasons for the claim. Failure to provide this notice within 30 days means the Landlord forfeits the right to keep any part of the deposit. If the Tenant does not dispute the claim within 15 days of receiving the notice, the Landlord may retain the specified amount and must return the remainder within 30 days. Form notes serve solely for informational purposes and may not fully encompass the requirements of Florida law, thus consulting an attorney is advised. A notice regarding the intention to impose a claim on a security deposit must be sent to the tenant, specifying the amount of damages and the reason for the claim, in compliance with Florida Statutes § 83.49(3). The tenant is required to respond in writing within 15 days to contest the deduction; failure to do so permits the landlord to deduct the claimed amount. Additionally, upon full payment of a judgment, the judgment holder must execute and record a satisfaction of judgment in the relevant counties. Non-compliance may result in a civil action where the prevailing party can recover attorney's fees and costs, as stipulated in Sections 55.141 and 701.04 of the Florida Statutes. This also applies to both County and Circuit Court judgments, with specific forms provided for documentation, including signatures, acknowledgment by a notary public, and details on the parties involved. Acknowledgment of full payment for a judgment confirms that the Defendant owes no further money to the Plaintiff. The document includes notary verification of the Plaintiff's identity and acknowledgment. It outlines procedures for a landlord to obtain a Clerk’s default and a default final judgment in a residential eviction case. A tenant has five days to respond to an eviction complaint and twenty days for back rent and damages; failure to respond permits the landlord to seek a default judgment. Specific forms are designated for these processes, including Form 76 for Clerk’s default in eviction, Form 77 for back rent, and Form 81 for the Nonmilitary Affidavit, which must accompany the request for default. A default final judgment requires serving the motion and affidavit to the Defendant, with a certificate of service included. The document emphasizes consulting an attorney for legal requirements. It includes placeholders for county, names, and case numbers relevant to the eviction action. Plaintiff requests the Clerk to enter a default judgment against the Defendant for failing to respond to the Plaintiff's complaint regarding damages related to a residential eviction. The Clerk has already entered a default due to the Defendant's lack of timely response. Plaintiff has submitted an Affidavit of Damages in support of the motion. The affidavit, signed by the Plaintiff or their agent, affirms the Plaintiff's authority to make the statement and is based on personal knowledge, detailing that the Defendant is in possession of the property under a rental agreement requiring payments of a specified amount. The document also indicates that copies of the motion and affidavit were properly served to the Defendant. The request is for a Final Judgment for Residential Eviction against the Defendant. Defendant has failed to pay rent since a specified date, leading to an outstanding balance as outlined in the Complaint, which includes interest. Additionally, the Defendant owes further damages as claimed in the Complaint, also accruing interest. A non-military affidavit states that the Defendant is not on active duty in the armed forces, affirming the inquiry made to relevant military and public health services. The affidavit is signed and sworn before a notary public, who is known to the affiant, and includes details of identification and commission. The document certifies that copies of the motion and affidavit were properly served to the Defendant at the specified address. This legal form is approved under the rules regulating The Florida Bar and was completed with assistance from a designated individual.