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eviction law

Florida Roommate and Subtenant Evictions: Who Can Evict Whom (and How)

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Florida Roommate & Subtenant Evictions feature graphic showing a Florida home with palm trees, an eviction notice on a clipboard with keys, and a judge’s gavel.

Landlord-focused guide for Florida property owners and managers Roommate and subtenant disputes in Florida can derail an otherwise straightforward possession case because the key issue is not always “who’s causing problems,” but who has the legal right (standing) to remove whom—and whether the correct case type is eviction (Chapter 83) or unlawful detainer (Chapter 82). This Florida-specific guide walks … Read more

Commercial Lease Defaults in Florida: When to Evict vs. When to Negotiate

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Commercial lease defaults in Florida concept image showing eviction notice and gavel on one side and business handshake negotiation on the other, representing decision to evict or negotiate.

When a commercial tenant defaults under a lease, Florida landlords face a critical decision: pursue a commercial eviction or attempt a negotiated resolution. While Florida law provides strong remedies for landlords, eviction is not always the most financially advantageous strategy. Understanding when to evict a commercial tenant in Florida — and when negotiation better protects … Read more

Florida Evictions: Can a Landlord File for Possession Only and Sue for Damages Later?

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Florida eviction feature image showing a sunset waterfront skyline with palm trees and the headline ‘Possession First & Damages Later?’ above a judge’s gavel, a small house model, cash, and an eviction notice clipboard.

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

Florida Eviction: 3-Day Notice Deadline Calculator (with Broward County Court Holidays)

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Graphic for a Florida 3-day notice deadline calculator showing a calendar counting days 1–3 and a courthouse background, referencing Broward County court holidays.

One of the most common—and costly—mistakes landlords make in Florida eviction cases is miscalculating the 3-Day Notice deadline. Even a one-day error can invalidate the notice, forcing the eviction process to start over and delaying possession of the property. To help landlords avoid that mistake, our firm has created a Florida 3-Day Notice Deadline Calculator, configured using Broward … Read more

Florida Statute § 83.595: A Landlord’s “Menu of Remedies” When a Tenant Breaks the Lease and Leaves Early

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“Infographic titled ‘Florida Landlord Remedies: § 83.595’ showing eviction and rental imagery with labels for terminate lease, re-let for tenant, do nothing, and early termination fee.

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 Statute § 83.491 Explained: “Fee in Lieu of Security Deposit” Options for Landlords and Tenants

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Illustration about Florida Statute 83.491 showing a courthouse, lease paperwork, and a tenant holding keys and moving boxes, explaining the fee in lieu of security deposit option for landlords and tenants.

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

When Can a Florida Landlord Retake Possession After a Suspected Abandonment?

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Tenant Abandons property

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

How Florida Landlords Must Handle Security Deposit Claims — Even After Eviction

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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

Landlord Options in Florida Commercial Evictions: Three Classic Remedies (Plus Acceleration)

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Commercial eviction landlord options

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

A Landlord’s Guide to Making a Proper Claim on a Security Deposit in Florida

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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

Florida Commercial Landlord’s Guide to Using a Writ of Distress for Rent

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writ of distress

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

Eviction Law/Landlord Tenant Law: Big Win for Florida Landlords: Email Notices Are Now Legal with Tenant Consent

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electronic rental notices

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

What Florida Landlords Should Do When Tenants Request Repairs — And What If the Repairs Require the Tenant to Move Out?

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What Florida Landlords Should Do When Tenants Request Repairs — And What If the Repairs Require the Tenant to Move Out?

Tenant maintenance and repair requests are an inevitable part of managing rental properties in Florida.However, how a landlord responds to these requests — especially when they involve serious repairs — can determine whether the situation resolves smoothly or escalates into habitability claims, withheld rent, or lawsuits. At Douglas Firm, we help Florida landlords manage these situations proactively and legally.Here’s … Read more

Navigating Tenant Defenses: How to Overcome Common Challenges in Florida Eviction Cases

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Navigating Tenant Defenses: How to Overcome Common Challenges in Florida Eviction Cases

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

When Can a Florida Residential Landlord Retake Possession Without an Eviction?

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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

How to Write and Maintain a Rent Ledger That Wins in Court

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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

How to Confirm a Tenant’s Non-Military Status Before Eviction: What Florida Landlords Need to Know

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How to Confirm a Tenant’s Non-Military Status Before Eviction: What Florida Landlords Need to Know

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

Key Differences Between Commercial & Residential Evictions in Florida

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Key Differences Between Commercial & Residential Evictions in Florida

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

7-Day Notice for Incurable Lease Violations in Florida: A Guide for Landlords

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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

Understanding Florida’s Eviction Notices: Which One to Use and When

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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

How Long Does an Eviction Take in Florida? Timeline and Key Factors

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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

A Landlord’s Guide to Florida Evictions: Process & Pitfalls

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A Landlord’s Guide to Florida Evictions: Process & Pitfalls

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

How to Fill Out a 3-Day Notice for a Florida Residential Eviction

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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

Avoiding Eviction Pitfalls: Why Landlords Should Be Cautious with Zelle and Direct Deposit Payments

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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

Understanding Florida’s New Unlawful Detainer Statute (No More Squatter’s Rights ) (2024)

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Florida has introduced new measures to tackle unlawful detainer and squatting issues through Chapter 82 of the Florida Statutes, also known as the “Forcible Entry and Unlawful Detainer” law. This law outlines the legal framework for addressing situations where individuals occupy property without legal right. Here’s an in-depth look at the key elements of Chapter … Read more

Evictions: Residential Tenant Must Provide Supporting Documentation with Motion to Determine Rent

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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

Eviction Law- Residential Tenant Files for Bankruptcy Protection

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Despite Florida’s streamlined statutory framework for residential evictions, tenants maintain several tools to delay the eventual final judgment of eviction. A bankruptcy filing will delay an eviction process by the imposition of the automatic stay under 11 U.S. Code § 362. While inconvenient, the bankruptcy filing should only temporarily impede the eviction process. The Bankruptcy … Read more

Corporations Need Attorneys to Obtain Writ of Possessions in Foreclosures and Evictions

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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

Residential Evictions: 7-Day Notices for Terminating Lease by Landlord for Causes other than Non-Payment of Rent

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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

Residential Evictions in Florida: Step 1 – The 3-Day Notice

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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