Form 76 - Motion For Clerk'S Default - Residential Eviction Form - Florida

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FORM 76
MOTION FOR CLERK'S DEFAULT - RESIDENTIAL EVICTION
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.

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