Winning an eviction case in Florida does not automatically mean a landlord will recover money for unpaid rent, property damage, cleaning expenses, or repairs. Obtaining possession of a rental property and obtaining a money judgment for damages are two separate legal issues. For Florida landlords, one of the most common problems arises when a tenant leaves … Read more
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 commercial tenant defaults, landlords often want to know one thing: Can I recover the rest of the rent for the lease term now—rather than month by month? In Florida, the answer usually depends on the lease. Acceleration is a powerful remedy when drafted correctly, but Florida courts also treat it with an important limiter: acceleration is not … Read more
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
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
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
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