A residential landlord/tenant action applies to the rental of a non-commercial dwelling unit and is an action filed by a landlord against a tenant or a tenant against a landlord on common disputes such as payment of rent, non-compliance or breach of a lease or rental agreement.

A landlord (the owner or lessor of a dwelling) may file a residential landlord or tenant action. A real estate company, acting as a landlord’s agent, may also file a landlord / tenant action but cannot represent the landlord in court.  Real estate agents are only allowed to proceed on uncontested eviction cases. Once a tenant files an Answer, the agent may not proceed any farther and the property owner must take over the eviction case. If you have a commercial, agricultural or personal property lease, you should consult an attorney for the proper procedures to resolve disputes.

You may wish to consult with an attorney or familiarize yourself with the procedures for enforcing your rights under your lease. 

Before you can file a residential landlord/tenant action, proper written notice must first be given to the tenant. The form of the notice will depend on the landlord’s reason for terminating the lease. If the reason for terminating the lease is failure to pay rent, the Landlord must first serve a Three-Day Notice, giving the tenant three business days to pay the rent before the eviction case may be filed.   If the reason for terminating the lease is a breach of the lease terms, other than a failure to pay rent, the Landlord must first serve a Seven-Day Notice. Which Seven-Day Notice depends on whether the breach is one that the Tenant should be allowed to cure, or one that the Tenant should not be allowed to cure (such as damage to the property or the safety of the Landlord or other Tenants). If the reason for terminating the lease is the termination of an at-will lease, the Landlord must first serve a Thirty-Day Notice on the tenant.  This Notice must be given to the tenant at least thirty days before the end of the current lease period and must give the Tenant at least thirty days to vacate the premises. 

The Clerk’s Offices will have forms designed for use in the event of common residential/landlord disputes. 

Once the time period in the Notice has lapsed, if the Tenant has not complied with the Notice or vacated the property, the Landlord, or his agent, may file an Eviction Complaint with the Court.  Which Complaint is filed will depend on which Notice the Landlord gave to the Tenant. You will also need to file a Non-Military Affidavit.  There are different requirements for tenant actions. You may wish to consult an attorney or refer to the public library for detailed information.

The party served the summons will have a specific period of time in which to respond dependent upon the type of summons issued. If a response is filed or moneys are deposited in the court registry, you will need to contact the assigned judge’s office to schedule a court date. If no response is received or no moneys are deposited in the court registry, you may file a Motion for Default with the Clerk’s Office.

After the Clerk issues a Default, the Landlord may file a Motion for Default Judgment and forward a copy to the Judge’s office. If the Court enters a final judgment against a party in default and the final judgment is for eviction, you may ask the Clerk to execute a Writ of Possession if you anticipate having to forcibly remove the tenant or tenant’s possessions.

The public library will have the Florida Statutes for reference. The Landlord Tenant Handbook is also a source of information. Supreme Court Approved forms and information are available in the Clerk’s Office for individuals filing actions on their own behalf.

Once you have been served, read the summons carefully as you will only have a specific time period to respond. If you fail to respond within the time set out in the Summons, the Landlord may receive a Default/Default Judgment against you.  If the Landlord has filed an eviction complaint, the tenant must file a written response to the allegations in the Complaint AND either pay to the registry of the Clerk of the Court the amount of rent alleged in the Complaint or if the tenant believes the amount of rent in the complaint is in error, file a Motion for the Court to Determine Rent.  If no response is timely filed AND/OR no money paid to the registry or motion to determine rent is filed, the Landlord may obtain an immediate judgement. There are a number of defenses that may be available to a tenant. You may wish to consult an attorney or refer to the public library for detailed information.