Florida Common Disputes
What happens if I don't file an Answer or pay rent to the Clerk?
If you don't follow the eviction process properly, you may be evicted. The court will sign a Writ of Possession without a hearing, the sheriff will post a Final Notice, and you'll have 24 hours to leave before the locks are changed.
Can my landlord evict me for not paying rent?
Yes, but they must give you a written 3-Day Notice first. If you don't pay the amount owed within those 3 days, you will likely lose the case without going to court.
What should I do if my landlord isn't making necessary repairs?
Give your landlord a written Notice listing the problems and deliver it in person at least 7 days before rent is due. If no reasonable efforts are made, you can withhold rent but must deposit it with the Clerk of Court if an eviction is filed.
Can my landlord shut off utilities or change locks without an eviction order?
No, this is illegal under Florida law. If it happens, call the police. They may get the landlord to let you back in or restore utilities. You can also seek a court order and potentially get damages equal to three months' rent per violation.
When will I get my security deposit back after moving out?
If no claims are made, the landlord must return your deposit within 15 days of moving out. If claims are made, the landlord must send you a notice by certified mail within 30 days detailing the claims and deposit amount being returned.
What is a Writ of Possession?
A Writ of Possession is a court order instructing the sheriff to return the premises to the owner. It's issued after a tenant loses an eviction case or a property is foreclosed on. The tenant has 24 hours to vacate once it's posted.
What if I received too many unemployment payments by mistake?
Don't spend the extra money. Contact your state unemployment office and wait for them to notify you by mail on how to pay it back. If you need benefits later, the government may withhold the amount you owe.
How can I increase the likelihood of getting my security deposit back?
Do a walkthrough with your landlord before moving in and out, take photos of any damage, and keep copies of all reports. Give your landlord proper written notice before moving out, including your new address, and thoroughly clean the property.
What is the federal eviction moratorium?
The federal eviction moratorium applies to housing that receives federal funding or has federally-backed mortgages. It prevents landlords from filing new evictions for non-payment of rent and charging late fees, but does not forgive rent owed during the covered period.
How do I know if I'm covered by the federal eviction moratorium?
Ask your landlord about the mortgage. If you're in a building with 5+ units, use the National Low-Income Housing Coalition's online tool to check for a federally-backed mortgage. You can also contact Three Rivers Legal Services for help determining coverage.
What can I do if my landlord locks me out without an eviction order?
File a claim in county court for an injunction ordering the landlord to let you back in and restore utilities. Alternatively, file in small claims court for monetary damages under $8,000, or call the police for immediate assistance.
Can my landlord enter my rental whenever they want?
No, landlords can only enter between 7:30 a.m. and 8 p.m. and must give at least 12 hours' verbal or written notice. In emergencies, they may enter without notice to protect the property.
What if I disagree with my landlord's claim on my security deposit?
Send the landlord a written dispute by certified mail within 15 days of receiving the claim notice. State why you disagree and what you believe is a fair deduction. Keep a copy of the signed letter and mail receipt. Try to negotiate a settlement.
What happens if my landlord doesn't return my deposit or send a claim notice within 30 days of moving out?
Send a certified letter requesting return of the deposit within 2 weeks and state that the landlord waived the right to claim under Florida law by not providing notice in time. If no response, follow up by phone to negotiate. You may need to sue in small claims court.
Can I withhold rent if my landlord isn't making major repairs?
Yes, but you must send a certified letter giving 7 days' notice that you'll withhold rent. Don't spend the withheld rent, as you must deposit it with the court if the landlord files for eviction. Contact Three Rivers Legal Services for guidance first.