LANDLORD AND TENANT FORMS - INSTRUCTIONS
Dear Landlord or Tenant:
The attached forms are designed for your use in the event of common landlord/tenant
disputes. They should be used only for residential leases. If you have a commercial, agricultural, or
personal property lease you should consult with an attorney. No form should be used until you have
carefully reviewed and understand the instructions preceding the form and reviewed any Florida
Statute referred to.
The residential landlord/tenant relationship is controlled by the terms of your lease and by Part
II of Chapter 83 of the Florida Statutes. The procedures for enforcing your rights under your lease
and Part II of Chapter 83 are set forth in section 51.011, Florida Statutes. You are advised to
carefully review these statutes before starting any legal proceeding concerning a residential lease.
Before starting a lawsuit the Landlord should consider other remedies available and should
weigh the costs, including lost time and expense, against the probability of a successful outcome. The
Landlord should consider that Florida Statutes §83.48 provides for the recovery of attorneys fees and
reasonable court costs by the prevailing party in any litigation arising from a failure to comply with
the agreements and duties set forth in a residential lease. Attorneys fees, in some cases, might even
exceed the potential recovery of past rents. Therefore factors such as those mentioned herein should
be assessed prior to initiating a lawsuit.
Before you can start a lawsuit to end a residential lease or withhold rental payments, you must first
give proper written notice. The form of the notice will depend on the landlord's or tenant's reason
for terminating the lease or withholding rent. There are two common reasons for a landlord to
terminate a lease and evict a tenant. These reasons are:
1. The tenant has not paid his rent on time.
2. The tenant has not complied with the requirements of the lease or has violated Florida
Statutes
Forms 1 and 2 contain the notices the landlord will need to send to the tenant in order to terminate
the lease and evict the tenant for those two reasons.
The tenant must give notice to the landlord for one of two reasons. First, a tenant will notify
the landlord to end the lease when the landlord does not maintain the property as required by the lease
of Florida Statutes. Second, the tenant may instead withhold rent payments. Forms 3 and 4 contain
the notices which must be sent to the landlord in each of these circumstances.
After sending the notice, it may be necessary to file a suit. The landlord will, as a general rule,
have a suit against the tenant not only to evict the tenant (have the tenant removed from the
property), but also for damages for unpaid rent. Form 5 contains a complaint both for eviction and
for damages for unpaid rent. If the amount of damages exceeds $15,000 you should not use this
form. If the landlord wants to evict the tenant for breaches of the lease other than failure to pay rent,