Evictions

When a tenant defaults, most Florida landlords want two things: (1) possession back quickly and (2) money damages(past-due rent, accelerated rent, and/or property damage). A common question is whether Florida law allows you to split those goals into two separate actions—one case focused on possession, and a separate case later (or in parallel) for damages. Yes. Florida appellate courts recognize that eviction is … Read more

When a residential tenant breaks the lease and leaves before the end of the term, Florida law doesn’t force landlords into a single path. Instead, Florida Statute § 83.595 gives landlords a clear set of options—but only after possession has been returned (by writ of possession, surrender, or abandonment). Below is a landlord-friendly breakdown of the four remedies, … Read more

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