Florida Form CR2E085, the Motion for Default Final Judgment for Removal of Tenant, is the document a landlord files when a tenant fails to answer an eviction complaint within five business days, and filling it out correctly means typing the case number, parties, property address, rent owed, and signature into the exact fields the clerk expects under Florida Rule of Civil Procedure 1.500 and Florida Statute § 83.59. A wrong entry, a missing verification, or a skipped service step will bounce the motion and stall the case for weeks.
Eviction filings in Florida hit roughly 75,000 cases a year according to data tracked by the Eviction Lab at Princeton, and a large share of those cases end in default because tenants do not respond on time. That makes CR2E085 one of the most-used forms in county civil court, and one of the most commonly misfiled.
- 📝 How to complete every line of CR2E085 without triggering a clerk rejection
- ⚖️ The difference between a clerk’s default and a court default under Rule 1.500
- 🏠 Step-by-step examples for non-payment, holdover, and lease-violation evictions
- 🚫 The seven mistakes that get default motions denied or vacated on appeal
- 📅 Exact deadlines, filing fees, and e-filing steps inside the Florida Courts E-Filing Portal
What Form CR2E085 Is and Why It Exists
Florida Form CR2E085 is a Florida Supreme Court approved form used in county civil court when a residential landlord wants the judge to enter a default final judgment for possession because the tenant never filed an answer. The form sits inside the larger eviction packet that the Florida State Courts website publishes for self-represented landlords. It is not a complaint, not a summons, and not a writ of possession. It is the bridge between filing the eviction and getting the sheriff to remove the tenant.
The form exists because Florida law treats eviction as a fast-track summary procedure under Florida Statute § 51.011. Tenants get only five business days to answer, not the usual twenty days for civil cases. When that short clock runs out, the law lets the landlord ask for an immediate judgment, and CR2E085 is the standardized way to ask. Without a uniform form, every county would invent its own paperwork and the summary procedure would slow to a crawl.
The consequence of skipping or botching CR2E085 is real money lost. A landlord who files a defective motion can wait three to six extra weeks for a corrected hearing, which is three to six weeks of unpaid rent. Many landlords also believe filing the eviction complaint alone gets them possession, but it does not. The clerk needs the default motion and the proposed final judgment before a writ can issue.
A common misconception is that CR2E085 covers commercial evictions too. It does not. Commercial leases follow a different statutory path under Florida Statute § 83.20, and using CR2E085 in a commercial case will get the motion struck.
When You Can File a Default Motion
A default is only available when the defendant has been properly served and has failed to file or serve any paper in the action, a standard set out plainly in Rule 1.500(a) for clerk’s defaults and Rule 1.500(b) for court defaults. The five-day answer clock for eviction starts the day after service, and weekends plus legal holidays are excluded from the count under Rule 1.090.
Clerk’s Default vs. Court Default
A clerk’s default is entered by the clerk of court without a judge’s involvement when the defendant has filed nothing at all in the case. A court default requires a judge because the defendant has filed something, even a letter, but has not filed a proper answer. The plain-English difference is whether the tenant has made any appearance in the file.
The consequence of choosing the wrong path is a denied motion. If the tenant mailed the judge a handwritten note, the clerk cannot enter a default and the landlord must move under Rule 1.500(b) instead. A real-world example: James, an Orlando landlord, filed for a clerk’s default after his tenant emailed the court a one-sentence dispute letter. The clerk rejected the motion because the email counted as a paper, and James had to refile through the judge’s chambers, losing eleven days.
A common misconception is that a tenant must file a formal answer to block a clerk’s default. Florida case law, including Picchi v. Barnett Bank, holds that any communication showing intent to defend can defeat a clerk’s default.
The Three-Day Notice Trigger
Before any eviction default can stand, the landlord must have served a valid three-day notice under § 83.56(3) for non-payment cases. The notice must list only past-due rent, exclude late fees, and give three business days to pay or vacate. A notice that demands late fees or counts weekends is fatally defective.
The consequence of a bad three-day notice is dismissal of the entire eviction, even after a default is entered, as the Third District held in Investment & Income Realty v. Bentley. Picture Aisha, a Miami property manager, who included a $75 late fee in her three-day notice. The court vacated her default judgment and she had to start the entire process over.
A common misconception is that emailing a three-day notice is enough. Florida law requires hand delivery, posting on the door, or certified mail under § 83.56(4), and email alone is not statutorily approved.
Line-by-Line Walkthrough of Form CR2E085
The form is short, only one page in most county versions, but every blank carries weight. Pull the current PDF from the Florida Courts forms library or your local clerk, because counties like Miami-Dade and Hillsborough sometimes add a county-specific caption.
Caption Block
The caption sits at the top and identifies the court, county, case number, and division. Type the county in all caps, the case number exactly as the clerk assigned it, and the division code, which is usually CC for county civil or SP for summary procedure. A wrong division code routes the file to the wrong judge.
The consequence of a typo in the case number is that the e-filing portal will reject the submission outright. Carlos, a Tampa investor, once transposed two digits and his motion sat in the portal queue for four days before he noticed.
Plaintiff and Defendant Names
Plaintiff is the landlord or the LLC that owns the property. Defendant is every adult tenant named on the lease plus “All Other Occupants” if you want the writ to clear unknown roommates. Names must match the complaint exactly, because mismatched names void the judgment under the rule announced in North Shore Hospital v. Barber.
A common misconception is that you can shorten “Robert” to “Bob” on the motion. Use the full legal name from the lease and the complaint, because the sheriff will refuse to execute a writ on a name that does not match.
Statement of Service and Non-Response
This paragraph states the date the summons and complaint were served and confirms no answer was filed. Pull the service date from the return of service the process server filed, not from your memory. Count five business days forward, skipping weekends and holidays listed by the Florida Department of State.
The consequence of misstating the service date is denial of the motion and possible sanctions for filing a false statement under Rule 1.510. Priya, a Jacksonville landlord, listed the wrong service date by one day, and the judge struck her motion and required a sworn correction.
Amount of Rent Owed
Enter the unpaid rent through the date of filing, broken down by month. Do not include late fees, attorney fees, or damages, because the default judgment for possession is separate from a money judgment under § 83.59(3)(c). A separate motion handles money owed.
The consequence of inflating the rent figure is a vacated judgment if the tenant later challenges it. The Fourth District in K.D. Lewis Enterprises v. Smith reversed a default where the landlord padded the rent total.
Signature, Verification, and Address Block
Sign in blue or black ink, print your name, and list the property address, the mailing address, the phone number, and the email used in the e-filing portal. Florida requires the signer to verify the motion under penalty of perjury per Rule 1.030. An unsigned or unverified motion is a legal nullity.
A common misconception is that an LLC manager can sign without authority. The manager must be listed on the Florida Division of Corporations record, or the motion can be challenged for lack of standing.
Three Common Filing Scenarios
Below are the three eviction patterns that account for the bulk of CR2E085 filings, each with the trigger and the result.
Scenario 1: Non-Payment of Rent
| Landlord Action | Court Outcome |
|---|---|
| Serves valid three-day notice, files complaint, tenant ignores it for six business days | Clerk’s default entered same day, judge signs final judgment within 48 hours, writ issues |
| Includes late fees in three-day notice and files CR2E085 anyway | Motion denied or judgment later vacated under § 83.56(3) |
| Files CR2E085 on day four after service | Motion denied as premature, must wait full five business days |
Scenario 2: Holdover After Lease Expiration
| Landlord Action | Court Outcome |
|---|---|
| Serves 15-day notice of non-renewal under § 83.57, tenant stays, complaint filed, no answer | Default granted, possession awarded, no money judgment without separate motion |
| Accepts partial rent during the holdover period | Waiver argument may defeat the default per § 83.56(5) |
| Skips the 15-day notice and files directly | Eviction dismissed, default vacated |
Scenario 3: Material Lease Violation
| Landlord Action | Court Outcome |
|---|---|
| Serves seven-day cure notice under § 83.56(2)(b), violation continues, complaint filed, no answer | Default and writ issued, tenant removed |
| Serves seven-day non-cure notice for a curable issue | Motion denied, must reissue cure notice |
| Cites a violation not listed in the lease | Default subject to reversal on appeal |
Concrete Examples With Named Landlords
Maria, a Tampa duplex owner, served her tenant on March 2 by hand delivery, filed her complaint March 3, and the answer deadline fell on March 10 after excluding the weekend. When no answer arrived, Maria filed CR2E085 on March 11, attached the return of service, and the clerk entered default the same afternoon. The judge signed the final judgment two days later and the sheriff posted the 24-hour notice on March 16.
David, a Fort Lauderdale single-family rental owner, made the mistake of filing CR2E085 before the five-day clock expired. The clerk rejected the motion, David refiled on the correct day, but the delay cost him six extra days of unpaid rent and a $40 reissuance fee through MyFLCourtAccess.
Elena, a Gainesville student-housing landlord, listed only one of two named tenants on her CR2E085. The judge entered a partial default, the second tenant filed an answer, and the case stalled for a contested hearing that took six weeks to schedule.
Mistakes to Avoid
Each of these errors triggers a specific negative outcome that can erase weeks of work and hundreds of dollars.
- Filing before the five-day answer window closes results in immediate clerk rejection and a wasted filing fee
- Including late fees or attorney fees in the rent figure leads to a vacated judgment under § 83.56(3)
- Forgetting to attach the return of service means the clerk cannot verify service and will deny the motion
- Naming only one tenant when the lease lists two creates a partial default that blocks the writ
- Using CR2E085 in a commercial eviction triggers a motion to strike under § 83.20
- Signing without verification under penalty of perjury renders the motion a legal nullity per Rule 1.030
- Mailing a three-day notice without a certificate of mailing leaves you unable to prove service
- Counting calendar days instead of business days for the five-day window violates Rule 1.090
- Filing in the wrong county, rather than where the property sits, violates venue rules in § 47.011
- Listing the LLC manager without confirming authority on Sunbiz opens the door to a standing challenge
Do’s and Don’ts
The list below pairs each rule with the practical reason it matters.
- Do file through the Florida Courts E-Filing Portal because paper filings are no longer accepted in most counties under AOSC14-19
- Do attach the verified complaint, the three-day notice, and the return of service so the judge has a complete record
- Do calendar the answer deadline using only business days to avoid premature filing
- Do verify the LLC manager’s authority on Sunbiz before signing as the corporate representative
- Do separate the possession motion from the money judgment motion to keep the summary procedure fast
- Don’t include late fees in the rent total because § 83.56(3) limits the three-day notice to past-due rent
- Don’t accept partial payment after filing because it can waive the default under § 83.56(5)
- Don’t list a nickname or shortened name because the sheriff will refuse a mismatched writ
- Don’t email a three-day notice as the sole method because email is not on the statutory list
- Don’t file CR2E085 in commercial cases because the form is for residential summary procedure only
Pros and Cons of Using CR2E085
The form is the fastest legal route to possession, but it is not without risk.
- Pro: Default entered by clerk in 24 to 72 hours when the form is correct, far faster than a contested hearing
- Pro: Standardized statewide so any Florida county clerk can process it
- Pro: Waives the need for a hearing in non-payment cases, saving court appearance time
- Pro: Pairs cleanly with the proposed final judgment form for a one-stop submission
- Pro: Self-represented landlords can file without an attorney, reducing legal fees
- Con: Any defect, even a typo, restarts the clock and costs days of rent
- Con: Tenants can vacate the default later under Rule 1.540 within a year for excusable neglect
- Con: Does not provide a money judgment without a separate motion
- Con: County-specific caption rules can trip up out-of-county filers
- Con: A waived default through partial-rent acceptance is hard to undo
E-Filing the Motion Step by Step
Open the E-Filing Portal, select Existing Case, and enter the case number from the eviction complaint. Choose Motion as the filing type and Motion for Default as the subtype, then upload the completed CR2E085 PDF along with the return of service and the proposed final judgment. The portal charges a processing fee, usually under $5, on top of any clerk fee.
The consequence of uploading the wrong subtype is misrouting to the civil division instead of summary procedure, which delays review by several days. The portal also rejects scanned images that exceed 25 MB, so flatten the PDF first using Adobe Acrobat or a similar tool.
A common misconception is that the portal serves the motion on the tenant. It does not. The default motion does not require service on a non-appearing defendant under Rule 1.080(h)(1), but if the tenant has filed anything, you must email a copy to the address listed.
Court Rulings That Shape Default Practice
The Florida Supreme Court in North Shore Hospital v. Barber set the rule that defaults are disfavored and any reasonable doubt should be resolved in favor of the defendant. The practical consequence for landlords is that judges scrutinize CR2E085 motions closely and will deny them at the slightest defect.
The Fourth District in Picchi v. Barnett Bank held that a defendant who files even an informal paper has appeared in the case and cannot be defaulted by the clerk. The consequence is that landlords must always check the docket for stray filings before clicking submit.
The Second District in Bryant v. Geovera Specialty Insurance reaffirmed that a default judgment can be set aside under Rule 1.540(b) for excusable neglect within one year. The takeaway is that a default obtained today is not bulletproof tomorrow, so landlords should keep records of every notice and service step.
Filing Fees, Timing, and County Quirks
The base filing fee for the eviction complaint runs $185 in most counties under § 28.241, but the motion for default itself carries no extra fee in most jurisdictions. The writ of possession costs an additional $90 to $115 sheriff’s fee, payable to the local sheriff such as the Hillsborough County Sheriff’s Office or the Broward Sheriff’s Office.
Counties differ on small but important points. Miami-Dade requires the proposed final judgment as a separate uploaded document. Orange County allows a combined PDF. Duval County requires a self-addressed stamped envelope for paper-served defendants. Always check the local administrative orders before filing.
The consequence of ignoring local rules is rejection without refund. Liam, a Tallahassee landlord, learned this when he uploaded a combined PDF in Leon County, which required separate documents under its administrative order, costing him three days.
FAQs
Can I file CR2E085 before the five-day answer period ends?
No. The motion is premature until five business days, excluding weekends and legal holidays, have passed since service of the summons and complaint under Rule 1.090.
Do I need a lawyer to file Form CR2E085?
No. Self-represented landlords file the form every day, but an LLC must use a licensed attorney for any contested hearing under Magnolias Nursing v. Department of Health.
Will the clerk enter a default if the tenant emailed the judge?
No. Any paper, including an email, counts as an appearance, so the landlord must move for a court default under Rule 1.500(b) instead of a clerk’s default.
Can I include late fees in the rent figure on CR2E085?
No. Florida § 83.56(3) limits the three-day notice and corresponding default to past-due rent only, and adding late fees can void the entire eviction.
Does the default judgment also award me unpaid rent as money damages?
No. Possession and money damages are separate, so a second motion for default money judgment is required, often using Form CC-1.985.
Can a tenant set aside a default after the writ issues?
Yes. Rule 1.540(b) allows a tenant to move to vacate within one year for excusable neglect, mistake, or fraud, which can reopen the case.
Is CR2E085 valid for commercial evictions?
No. Commercial leases proceed under § 83.20, and the residential summary-procedure form will be stricken if used in a commercial action.
Do I have to serve the default motion on the tenant?
No. Rule 1.080(h)(1) excuses service on a defendant who has not appeared, but service is required if the tenant has filed any paper.
Can I file CR2E085 by paper instead of through the e-filing portal?
No. Administrative Order AOSC14-19 mandates electronic filing for attorneys and strongly encourages it for self-represented filers, with most clerks refusing paper.
Will an incorrect case number stop the filing?
Yes. The portal validates case numbers in real time, and a single wrong digit will block the upload until corrected.
Can I evict only one of two named tenants using CR2E085?
Yes. A partial default is allowed, but the writ will not clear the property until both tenants are subject to judgment, so wait for the contested track on the other.
Does accepting partial rent after filing waive my default?
Yes. Section 83.56(5) treats acceptance of rent with knowledge of the breach as a waiver, which can defeat the default and require refiling.
Related reading
- How to Fill Out Florida Form 1.922 (w/Examples) + FAQs
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