The Florida Eviction Process for Property Owners and Landlords

Navigating the recovery of real property in Florida requires a rigorous adherence to procedural protocols and statutory mandates. For landlords and property managers, the florida eviction process is not merely a collection of administrative tasks but a sequence of high-stakes litigation where the slightest deviation can lead to the dismissal of an action, financial penalties, and a prolonged loss of possession.

FGC Attorneys concentrate on providing a comprehensive approach to these matters, ensuring that the rights of property owners are protected through strategic advocacy and a deep understanding of the Florida Residential Landlord and Tenant Act. The legal landscape governing these procedures is in a state of transition. Between 2024 and 2026, the Florida Legislature has introduced significant updates to delivery methods, property disclosures, and statutory timelines. Successfully managing a tenancy requires an experienced perspective that balances the need for financial efficiency with the strict requirements of judicial summary procedure.

The primary authority for landlord-tenant relations in the state is Chapter 83 of the Florida Statutes.

• Part I: Governs non-residential or commercial tenancies.
• Part II: Known as the Florida Residential Landlord and Tenant Act, provides the framework for residential dwelling units.

For landlords operating as corporate entities, such as Limited Liability Companies or corporations, Florida law requires representation by an attorney in eviction proceedings. FGC Attorneys concentrate on supporting these entities to ensure every filing is legally sufficient and courtroom ready.

A landlord may only recover possession through a court order, unless the tenant voluntarily surrenders the property, abandons it, or passes away. The most common grounds include:

1. Non-payment of rent.
2. Material non-compliance with lease terms (unauthorized occupants, illegal activities, intentional damage).

The commencement of an eviction hinges on the delivery of a proper statutory notice. Errors at this stage are the most common cause of litigation failure.

If a tenant fails to comply with a notice, the landlord may file a complaint for eviction. This follows summary procedure rules for faster resolution.

1. Filing and Service: The clerk issues a five-day summons served by the sheriff or process server.
2. Response Window: The tenant has exactly five business days to file a written response.

Under Section 83.60(2), in any eviction based on non-payment of rent, the tenant must deposit the accrued rent into the court’s registry to maintain most of their defenses. Failure to deposit the rent within the five-day response period constitutes an absolute waiver, allowing the court to enter a judgment for possession without considering other defenses (such as maintenance issues).

Once the landlord prevails, the court issues a Final Judgment for Possession followed by a Writ of Possession.

• The sheriff posts a 24-hour notice.
• After 24 hours, the tenant is forcibly removed.
• Landlord Liability: Under Florida Statute 83.62, the landlord is not liable for loss or damage to personal property once it has been removed to the property line.

Commercial landlords have strategic advantages, including:

• Double Rent: The right to demand double the monthly rent from holdover tenants.
• Tax Updates: As of October 1, 2025, Florida has eliminated the sales tax on commercial rent.

Under Florida Statute 83.67, landlords are strictly prohibited from:

• Terminating utility services.
• Changing locks to prevent access.
• Removing outside doors or windows.
• Penalty: Violating these can result in damages equal to three months’ rent plus attorney fees.

• Claims: Landlords must send written notice via certified mail within 30 days of the tenant vacating to claim any part of the security deposit.
• Money Judgments: Landlords may pursue a separate money judgment for unpaid rent and property damage through traditional litigation timelines.