Florida law now expressly allows many landlords to offer an alternative to a traditional security deposit: a fee in lieu of a security deposit. This statute—Fla. Stat. § 83.491—sets the rules for how that option must be offered, documented, and handled at move-out, including special timing requirements when a landlord uses insurance or a surety product. … Read more
Florida landlords—both residential and commercial—regularly face the same stressful scenario: The obvious question follows: can the landlord just go in, change the locks, and retake possession on the basis of “abandonment”? Under Florida law, the answer is “sometimes”—but only when very specific statutory conditions are met. If a landlord “jumps the gun” and retakes possession too early, they … Read more
Many Florida landlords think that once a tenant is evicted or vacates involuntarily, the security deposit can simply be applied to unpaid rent or damages. That is a costly mistake.Florida Statute § 83.49 applies even when you regain possession through eviction or writ of possession. If you plan to keep any portion of the deposit, you must strictly follow the … Read more
When a commercial tenant defaults, Florida landlords have more than one legal path to protect themselves. Unlike residential evictions, commercial leases and statutes give landlords a range of remedies that can be tailored to the situation. The strategic question is not only what remedy to elect, but also when and how to bring the claims. The Three Classic Commercial … Read more
Complete with Statutory Citations – Florida Statute § 83.49 Security deposits are a vital tool for Florida landlords to protect themselves from unpaid rent or property damage caused by tenants. However, Florida law — specifically § 83.49 of the Florida Residential Landlord and Tenant Act — sets strict rules on how and when a landlord may retain … Read more
When a commercial tenant fails to pay rent, Florida law provides landlords with a powerful but often underused tool: the Writ of Distress for Rent. This remedy allows a landlord to seize a tenant’s property located at the leased premises before judgment, helping ensure that the landlord can collect on amounts owed. At Andrew Douglas, P.A., we help commercial … Read more
Starting July 1, 2025, Florida landlords will have a powerful new tool to streamline communication with tenants: legally recognized electronic notices via email. Under House Bill 615 (HB 615), signed into law by Governor Ron DeSantis, landlords and tenants can opt to exchange certain rental notices electronically—but only if both parties consent in writing. This long-awaited change modernizes … Read more
Evictions in Florida aren’t always as simple as serving a notice and filing paperwork. In many cases, tenants actively participate in the process and raise legal defenses that can delay or even prevent a landlord from obtaining possession of the property. Whether you’re evicting for non-payment of rent, lease violations, or a holdover tenancy, it’s … Read more
Landlords in Florida are often eager to regain control of their rental property when a tenant stops paying rent, disappears, or violates the lease. But Florida law imposes strict rules on when—and how—a residential landlord can retake possession of a property without filing an eviction lawsuit. In most cases, landlords must go through the formal eviction process to … Read more
Essential Recordkeeping for Florida Landlords Pursuing Eviction In any Florida eviction case based on non-payment of rent, the rent ledger is your most important piece of evidence. Judges want to see exactly how much rent was owed, how much was paid, and how you applied each payment. A clear, consistent rent ledger can make the difference … Read more
If you’re pursuing an eviction and the tenant fails to respond or appear in court, Florida law allows you to seek a default judgment—but only after you confirm that the tenant is not an active-duty military member. This is a critical step in the eviction process, and many landlords are caught off guard by the requirement. Failing to properly confirm … Read more
Factor Commercial Evictions Residential Evictions Governing Law Lease contract + Florida Statutes, Chapter 83, Part I Florida Residential Landlord & Tenant Act (Chapter 83, Part II) Required Notice As stated in the lease, or reasonable notice Strict statutory notice periods (e.g., 3-day, 7-day, 15/60-day) Self-Help Eviction Sometimes allowed if specified in lease Strictly prohibited Tenant … Read more
As a Florida landlord, you may encounter situations where a tenant commits a serious lease violation that cannot be cured. In these cases, Florida law allows landlords to terminate the tenancy immediately with a 7-day notice for incurable violations under Florida Statutes § 83.56(2)(a). This guide explains what qualifies as an incurable violation, how to properly serve notice, and provides a free downloadable notice template for landlords. … Read more
As a landlord in Florida, knowing which eviction notice to serve—and when—is crucial for a smooth and legally compliant eviction process. Serving the wrong notice or failing to follow the proper procedures can lead to costly delays or even dismissal of your eviction case. This guide breaks down the different types of eviction notices in Florida, their … Read more
Evictions in Florida can be a quick process or a prolonged legal battle, depending on the tenant’s response, court availability, and whether the landlord follows proper procedures. Understanding the eviction timeline helps landlords plan accordingly and avoid unnecessary delays. This guide outlines each stage of the eviction process, estimated timeframes, and common factors that affect how long … Read more
Evictions can be a necessary but challenging part of property management in Florida. As a landlord, understanding the legal eviction process is crucial to protecting your investment while avoiding costly mistakes. This guide provides an overview of Florida’s eviction laws, the steps involved, and common pitfalls to avoid. Understanding Florida Eviction Laws Florida law strictly … Read more
In Florida, landlords must serve tenants with a 3-Day Notice to Pay Rent or Vacate before filing for eviction due to non-payment of rent. This legal document notifies the tenant that they have three business days (excluding weekends and legal holidays) to either pay the past-due rent or move out. If the tenant fails to comply, the landlord can … Read more
When managing rental properties, landlords often look for convenient ways to collect rent, such as Zelle, direct deposit, or other electronic payment methods. However, these seemingly convenient options can create serious legal complications—especially when a tenant is in default and eviction proceedings have commenced. The Risk of Inadvertent Waiver Under Florida law, accepting rent payments … Read more
Fla. Stat. § 83.60 requires that “If a motion to determine rent is filed, documentation in support of the allegation that the rent as alleged in the complaint is in error is required. “ From this it is clear, that just a base allegation that the rent as alleged in the complaint is wrong, does not entitle Tenant to a … Read more
If your rental property is owned in a corporate name, you may need an attorney to handle any contested eviction to evict a non-paying tenant. Even through Florida’s small claims rules permits representation of a corporate entity by an employee, if you are seeking possession of the rental property (eviction), that is not within the … Read more
Terminating a lease for cause/lease breaches other than non-payment of rent is a little more involved than simple non-payment of rent, and this process starts with what is commonly known as the 7-Day Notice. It is called a 7-Day notice since such notice terminates the lease for NON-CURABLE VIOLATIONS within 7 days (not included legal … Read more
What is the 3-day Notice? It is formally titled the NOTICE FROM LANDLORD TO TENANT–TERMINATION FOR FAILURE TO PAY RENT, but pursuant to statute it provides 3 (three) days for the tenant to pay the rent owed. Accordingly, it is commonly referred to as the 3(THREE) DAY NOTICE. The 3-day notice shall contain a statement … Read more