Landlord/Tenant Actions FAQ's

General Information | Landlord Tenant FAQ's | Small Claims FAQ's

Frequently Asked Questions:

I AM BEING EVICTED AND I WAS TOLD I HAVE TO BE OUT TOMORROW. IS THIS TRUE?
After a judgment is signed and a writ of possession is issued and served on the tenant, the tenant has 24 hours to vacate unless the Judge stays the eviction proceedings. The sheriff will authorize the landlord to remove all personal belongings from the house after the 24 hours and give possession of the property back to the landlord.

CAN MY LANDLORD EVICT ME WHEN THERE ARE SO MANY REPAIRS THAT NEED TO BE MADE?
The landlord and tenant have obligations set out in Florida Statute 83.51 and 83.52. If the rental agreement is to be terminated, the statutes also outline the procedures for terminating a rental agreement in F.S. 83.56.

CAN I WITHHOLD MY RENT MONEY UNTIL THEY FIX THE HOUSE OR APARTMENT?
If you withhold the rent, the landlord will probably file an eviction to have you removed. When you are served with the summons, you will have five working days to file an answer with the Clerk and deposit all the rent that is due into the Court Registry. The court will then decide on your case. Florida Statute 83.201 refers to withholding rent. You must continue to place your rent in the Court Registry each time it becomes due.

CAN I PAY RENT INTO THE COURT REGISTRY IF THE LANDLORD HAS NOT FILED AN EVICTION YET?
No. An eviction must be filed before the tenant can deposit money into the Court Registry.

I AM A LANDLORD AND THE TENANT LEFT PROPERTY IN THE PREMISES WHEN THEY MOVED. CAN I THROW THEIR BELONGINGS OUT IF THEY HAVE MOVED?
To protect yourself from any legal action, the landlord should file a formal eviction. When the sheriff serves the final paperwork (Writ of Possession) on the property, the landlord is then authorized to remove anything left in the premises.

I AM THE OWNER OF A HOUSE AND I AM RENTING IT TO A COUPLE WITH TWO CHILDREN. THEY HAVE NOT PAID ME RENT IN TWO MONTHS. CAN I HAVE THEM EVICTED EVEN THOUGH THEY HAVE CHILDREN?
Yes. Chapter 83 of the Florida Statutes covers both residential and non-residential evictions. Depending on the situation and the type of agreements you have with the tenant, you will need to give a notice to the tenant that complies with the statute. When the notice has been given and the time period has expired, an eviction can be filed to have the tenant vacate the rental property. The owner or landlord will need to complete paperwork and the Clerk will issue a summons to be served on the tenant. The summons gives the tenant specific instructions on how to proceed.

I WANT TO EVICT MY SON, DAUGHTER, GIRLFRIEND, ETC. FROM MY HOUSE THAT I AM LIVING IN. HOW DO I DO THAT?
Chapter 83 of the Florida Statutes deals with rental property that is owned and rented to another party. If someone is living in your house and you no longer want them there, an eviction may be the procedure to follow. You may need to contact an attorney for assistance.

HOW DO I COLLECT A JUDGMENT?
http://ccfcorp.dos.state.fl.us/corpweb/inquiry/jlien_how_to.html

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