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 designed to be a fast, possession-focused proceeding, and that monetary claims can be pursued separately.
Why Florida Law Allows “Possession-Only” Evictions
Florida’s eviction process is intended to move quickly. In a summary eviction, the court’s main task is to decide who is entitled to possession—not to litigate every financial issue between landlord and tenant at the same time. Florida courts have acknowledged that the statutory eviction framework allows a landlord to proceed only for possession and then pursue unpaid rent and other damages in a separate action.
This is important because tenants (and sometimes even practitioners) assume a landlord must bring every claim at once to avoid “splitting” a cause of action. In the eviction context, Florida case law recognizes that possession can be resolved first, with money claims addressed separately.
Key Florida Case Law Supporting Separate Possession and Damages Actions
Two Florida appellate decisions are frequently cited on this point:
1) Camena Investments & Property Management Corp. v. Cross (3d DCA), 791 So.2d 595 (2001).
The Third District recognized that Florida’s eviction scheme permits a landlord to file an action only for possession, and also permits a landlord to file a separate action for unpaid rent.
2) Scovell v. Delco Oil Co. (5th DCA), 798 So.2d 844 (2001).
The Fifth District addressed a landlord pursuing damages (including accelerated rent) after an eviction and indicated that a claim like accelerated rent does not necessarily have to be litigated in the summary eviction proceeding.
Strategy Options: One Lawsuit vs. Splitting Possession and Damages
Florida landlords typically have two strategic options.
Option A: File one lawsuit for possession and money damages
What this looks like: The eviction complaint requests a judgment for possession and also seeks money damages (past-due rent and other charges, and sometimes accelerated rent if the lease supports it).
Pros
- One case to manage.
- Efficient when damages are already known and unlikely to change.
- Avoids running two separate case tracks.
Cons
- Damages often evolve after possession is regained, especially property damage discovered after move-out.
- If you include damages at the outset and later discover additional damage, you may need to amend the complaint, which can add procedural steps and potential delay.
Option B: File a possession-only eviction now, and pursue damages separately later (or in parallel)
What this looks like: The eviction case is kept streamlined to obtain possession quickly, while the landlord reserves the damages claim for a separate lawsuit.
Pros
- Keeps the eviction aligned with its core purpose: quickly determining possession.
- Allows a full post-possession inspection and documentation of the premises before finalizing the damages claim.
- Reduces the likelihood you’ll need to amend the eviction pleadings to add later-discovered damages.
Cons
- Two lawsuits means two tracks to manage.
- Depending on your objectives, the timing and leverage of a damages claim may be different if pursued separately.
When Splitting Possession and Damages Often Makes the Most Sense
Splitting is often a strong strategy when:
- Speed is the priority and you want the cleanest path to a writ of possession.
- You expect the tenant may delay or litigate, and you want the possession case focused and efficient.
- There is a real possibility of unknown property damage until after move-out/turnover.
- The damages claim (including acceleration issues) will benefit from additional facts developed after possession is regained.
Practical Tips if You Plan to Split the Claims
If you plan to file possession now and damages later, a few best practices help:
- Keep a clean, up-to-date rent ledger and preserve communications related to default.
- Ensure notices were served correctly and retain proof of delivery.
- After possession is returned, inspect promptly and document condition with photos/video and vendor estimates/invoices.
- Review the lease carefully for acceleration language, mitigation obligations, re-letting provisions, guaranties, and attorneys’ fee clauses.
Frequently Asked Questions
Can I file an eviction for possession only in Florida?
Yes. Florida case law recognizes that possession can be pursued on an expedited track without litigating all other issues at the same time.
Can I sue for unpaid rent or accelerated rent after the eviction?
Often, yes—depending on lease language and the facts. Florida appellate cases have recognized that these claims do not necessarily have to be litigated in the summary eviction proceeding.
Should I combine possession and damages or split them?
It’s strategic. Combining can be efficient when your damages are known and stable. Splitting can be preferable when damages may change after possession is regained—especially when property damage is likely to be discovered after turnover.
Need Help Choosing the Right Florida Eviction Strategy?
If you’re dealing with a tenant default and want to regain possession quickly while preserving your ability to pursue damages (including rent claims and acceleration remedies where appropriate), we can evaluate your lease, notices, and the best sequence of filings for your goals.
Andrew Douglas, P.A.
Phone: 954.474.4420
Email: andrew@douglasfirm.com
Disclaimer: This article is for general informational purposes and is not legal advice. Outcomes depend on the lease language, facts, and local court practices.