Frequently Asked Questions - Evictions
Most frequent questions and answers around evictions
What if I haven't paid my rent?
In Florida, a landlord must post a 3-day notice informing a tenant to pay any unpaid rent or to leave within those three days. If you fail to pay or move out within those 3 days, you may face an eviction filing against you.
An eviction case has already been filed against me. What do I do?
If an eviction action has been filed against you for unpaid rent, you must file an answer within 5 days (not including weekends and holidays) and you have to post the alleged unpaid rent amount into the Court Reigstry. If you fail to do one or both of these requirements, you may face a default judgment against you.
Florida is considered a “pay-to-play” state, meaning you have to post the alleged rent with the Court. We advise our clients to consider moving out at this stage unless the landlord has not followed the law as described below.
I have received an eviction notice that is not about rental payments, what do I do?
If the eviction notice is based on a non-monetary violation of the lease agreement, the landlord must provide the tenant with a Notice of Lease Violation. The Notice must specify the violation and allow the tenant a specific timeframe to remedy the violation, typically 7 days.
In some rare situations, the landlord does not need to provide a 7-day notice. Refer to Florida Statute, 83.56 for additional information on the differences in notice requirements.
The Landlord has not fixed the property. Do I have the right to withhold rent?
Contrary to popular belief, you can only withhold rent if have provided a landlord with specific written notice before doing so. The standard notice can be found on the Florida Bar’s website here. You want to hand deliver or mail the notice by USPS certified mail and maintain a copy for your records.
A landlord’s failure to maintain the property will not be a defense in an eviction action unless you have provided the proper notice for the landlord to fix the issue. Emails and text messages are not proper notice under present law (as of February, 2024).
I have decided to move out, what do I need to do?
If you have decided to move out, you want to inform your landlord in writing of your intention of doing so. You must do so by hand delivery or mailing notice (certified mail recommend). Texting or emailing is not sufficient notice. You can use our free stock notice of vacating form here. If you submitted a security deposit with the landlord, you must provide this letter with your forwarding address in order to protect your rights to your security deposit.
Is it possible for a landlord to evict a tenant on their own?
No, it is not. Attempting to do so may be a violation of Florida Statute 83.67 and can result in serious consequences for the landlord, such as penalties and court costs.
For example, when a landlord takes illegal actions such as throwing a tenant’s belongings out of the property, changing the locks, or cutting off electricity, it is considered a “self-help” eviction.
If this has happened to you, please contact our office so we can evaluate your legal situation.
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