eviction law

Florida property owners frequently use the term unlawful detainer to describe the process of removing a person who occupies property without a continuing legal right to possession. However, Florida law provides several different procedures depending on how the person entered the property, whether permission was originally given, and whether a landlord-tenant relationship exists. Two statutes commonly considered … Read more

Florida law gives landlords and tenants a way to end certain rental arrangements without proving that either side did anything wrong. That rule is found in Florida Statute § 83.57, which applies to a tenancy without a specific term. In practical terms, this usually means a week-to-week, month-to-month, quarter-to-quarter, or year-to-year tenancy. Most common is month-to-month. These … Read more

When a Florida tenant moves out, the landlord may discover property damage, missing items, cleaning issues, or have other charges for unpaid rent or other charges. The landlord may believe the security deposit should cover some or all of those amounts. But Florida landlords need to be careful. If a landlord intends to impose a … Read more

Evicting a tenant in Florida is not as simple as demanding that the tenant leave. Whether the issue involves unpaid rent, a lease violation, a holdover tenant, or a commercial tenant dispute, landlords must follow the proper legal process. A mistake with the notice, timing, lease documentation, or court filing can delay the eviction and … Read more

When a commercial tenant stops paying rent, most landlords want the same thing: possession back as quickly as possible, with as little delay and expense as possible. A Florida commercial eviction for nonpayment of rent can move relatively fast, but only if the landlord gets the early steps right. Commercial tenancies in Florida are governed by Part … Read more

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

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

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