Landlord/Tenant

Eviction cases move faster than almost any other kind of case in Florida. From the first notice to a sheriff at the door, the whole process can run in a matter of weeks — which means a missed deadline or a misread notice can decide the outcome before a tenant realizes what's happening.

Most residential evictions in Florida are governed by Chapter 83 of the Florida Statutes, the Florida Residential Landlord and Tenant Act. It sets out exactly what a landlord must do first: the type of written notice required, how many days the tenant gets, and the court steps that have to follow. When any of those steps is skipped or done incorrectly, the tenant may have a real defense.

An eviction is rarely just about whether rent was paid. It often turns on the details — what the notice actually said, how it was delivered, whether the amount demanded was correct. Sorting through those details matters to both sides — a landlord's case can fail on a defective notice, and a tenant's defense often starts there. Liberate Legal helps clients understand where they stand, what the timeline really looks like, and what options are still on the table before the deadline passes.

• A 3-day notice to pay or vacate after rent is late (which a tenant may dispute if the amount is wrong or the rent was actually paid).
• A 7-day notice to cure an alleged lease violation — an unauthorized pet, guest, or use of the unit.
• A 7-day notice with no chance to cure, for serious or repeated conduct.
• A landlord skipping the courts entirely — changing locks, shutting off utilities, or removing belongings to force a tenant out.

The impact of these cases often reaches further than the courtroom. Common considerations include:

• For tenants: your current home and your ability to stay in it.
• For landlords: possession of the property, and rent that can keep going unpaid if a case is delayed or dismissed over a procedural defect.
• A judgment for possession that becomes part of the public record and can follow you into future rental applications, background checks, and credit — sometimes for years.
• Only 5 business days to respond in writing once a landlord files, or the court can enter a default and end the case without your side being heard.
• Unpaid rent, damages, court costs, and — in many cases — attorney's fees the landlord can seek alongside possession.

• Do not ignore the notice — deadlines are short and the clock usually starts the day it is delivered.
• Read the notice closely: the type of notice, the exact deadline, and the specific reason given all shape what happens next.
• Keep everything — the notice itself, the lease, rent receipts, bank records, and every message exchanged with the landlord.
• If the landlord has already filed in court, note the response deadline immediately.
• In a nonpayment case, Florida law generally requires the tenant to deposit the disputed rent into the court registry in order to contest the eviction — missing that step can cost the case regardless of the underlying facts.
• Get advice before the deadline, not after. Many defenses only work if they're raised in time.

• Doing nothing. Silence is treated as agreement, and a default judgment can follow within days.
• Missing the court-registry deposit. In nonpayment cases, contesting the eviction without depositing the rent the court requires can end the case before the merits are ever reached.
• Assuming a verbal promise counts. "The landlord said it was fine" rarely holds up without something in writing.
• Moving out too early — or refusing to move after a valid judgment. Both can create new problems.
• (For landlords) taking matters into your own hands. Changing locks, cutting off utilities, or setting a tenant's property on the curb without a court order is illegal in Florida under Section 83.67 and can expose a landlord to significant damages — actual damages or three months' rent, whichever is greater, plus attorney's fees.

• As soon as a notice arrives — not after a court date is set.
• When the amount demanded looks wrong.
• When the unit has serious maintenance or habitability problems.
• When a landlord has tried to force a move-out without going through the courts.
• When a judgment or writ of possession is already on the table.

Every case is different. Liberate Legal helps clients:

• Review a notice for defects and explain the real timeline.
• Prepare a response to a filed eviction and raise available defenses.
• Handle the court-registry deposit process in nonpayment cases.
• Negotiate with a landlord for more time or a workable resolution.
• For landlords: prepare and serve the proper notice and pursue possession through the courts.
• Stand up in court when a case has to be heard.