Florida Renters: How to File in Small Claims Court

If you're a renter in Florida and have a dispute with your landlord—like getting your security deposit back, handling property damage, or seeking compensation for repairs—small claims court can be a practical option. This guide walks you through the small claims court process for renters, with clear steps, official forms, and essential legal resources.

What Is Small Claims Court in Florida?

Small claims court is a division of the Florida County Courts designed to resolve civil disputes involving amounts up to $8,000, excluding costs and interest. For renters, it can be used to resolve issues such as:

• Recovering an unpaid security deposit after moving out
• Seeking reimbursement for repairs the landlord did not complete
• Getting compensation for property damage caused by landlord neglect

The tribunal that handles these cases is the Florida County Courts, operating under the oversight of the Florida State Courts System.

When Should Renters Use Small Claims Court?

You might consider small claims court if:

• Your landlord fails to return your security deposit within 15-30 days as required by Florida law
• You paid for repairs that should have been the landlord's responsibility
• Efforts to resolve disputes directly or through mediation have failed

Key Forms and How to Use Them

Florida's small claims court process involves several important forms, each used at different stages of your case. You can access all official forms from the Florida Courts Small Claims Forms page.

• Statement of Claim (Form 7.330)
  • When to use: This is the main form to start your case. File it when you want to sue your landlord for money owed (like your security deposit) or other damages. For example, if your landlord kept $1,000 of your deposit with no valid reason, you would use this form to start a claim.
  • Download Statement of Claim (Form 7.330)
• Summons/Notice to Appear (Form 7.322)
  • When to use: After you file your Statement of Claim, this form notifies your landlord about the lawsuit and the hearing date. The court typically prepares this, but you may need to serve it properly.
  • Download Summons/Notice to Appear (Form 7.322)
• Affidavit of Service (Form 7.316)
  • When to use: This form proves that your landlord was served with the Summons/Notice to Appear. For example, after a sheriff or process server hands the papers to your landlord, they fill out and file this form.
  • Download Designation of Current Mailing and E-Mail Address (Form 7.316)

How to Start a Small Claims Case: Step-by-Step

The process is straightforward, but following the right steps can make a difference in the success of your claim:

1. Try to Resolve the Issue Directly

Before filing, write to your landlord (email or certified mail) to request payment or a solution. Document your communications.

2. Gather Your Evidence

• Lease agreements
• Receipts and communications
• Photos of damages or repairs requested
• Move-in/move-out inspection reports

3. File Your Statement of Claim

Complete the Statement of Claim form and submit it to the clerk at your local county courthouse. Pay the filing fee (fees vary by county).

4. Serve the Landlord Properly

After filing, serve the Summons/Notice to Appear on your landlord. Usually, the sheriff or a professional process server does this. File an Affidavit of Service as proof.

5. Attend the Pretrial Conference and Hearing

Your first appearance is a pretrial conference—bring all your documents. If you and the landlord can’t settle, the judge will schedule a hearing and decide your case based on the evidence.

Important Laws for Florida Renters

Florida’s main law protecting renter rights is the Florida Residential Landlord and Tenant Act (Florida Statutes Chapter 83, Part II)^[1]. This covers:

• Security deposit return timelines
• Processes for repairs and maintenance
• Procedures for eviction and disputes

Always check the law if you’re not sure of your rights or deadlines.

What to Expect After Filing

Small claims court cases in Florida are usually resolved within a few months. If you win, you may be awarded the claimed amount, costs, and sometimes court fees. Collecting a judgment may require additional steps if your landlord does not pay voluntarily.

FAQ: Florida Small Claims Court for Renters

1. How much money can I claim in Florida small claims court?
   In Florida, you can claim up to $8,000 for most small claims disputes, not counting interest and court costs.
2. Do I need a lawyer to file?
   No, you do not need a lawyer to file a small claims court case as a renter. The process is designed to be accessible for people without legal representation.
3. How long does it take to resolve a case?
   Most small claims court cases are resolved in a few months, but timing can depend on your county court's schedule.
4. What if my landlord does not show up to court?
   If your landlord does not appear, the court may issue a judgment in your favor by default.
5. What evidence do I need to bring?
   Bring all relevant documents, including your lease, notices, emails, receipts, and photos relating to your dispute.

Key Takeaways for Renters

• Florida renters can use small claims court to resolve common disputes, including security deposit and repair issues
• Filing requires specific court forms and proof of your case
• Understanding Florida’s residential tenancy law helps protect your rights in any dispute

Need Help? Resources for Renters

• Florida Courts – Small Claims Information
• Florida Courts Self-Help Center – Offers resources to help you prepare court forms and understand the process
• Florida Bar – Consumer Pamphlet on Landlord/Tenant Law
• Legal Aid: Florida Law Help can help you find free or reduced-cost legal assistance

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1. Florida Statutes Chapter 83, Part II – Residential Landlord and Tenant Act
2. Florida State Courts System – Official Website
3. Florida Courts – Small Claims Forms
4. Florida Bar Consumer Guide: Landlord/Tenant Law

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