Law Office of Ryan S. Shipp, PLLC – Your Trusted Legal Partner in Landlord-Tenant Disputes
Serving Landlords & Property Owners, and Property Managers Across Florida
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Understanding Florida Landlord-Tenant Law
Florida’s residential landlord-tenant laws are governed by Chapter 83, Part II of the Florida Statutes, which provides clear guidance on evictions, security deposits, lease agreements, and tenant protections. Whether you’re a landlord dealing with a non-paying tenant or a tenant facing an unfair eviction, knowing your legal rights is essential.
At Law Office of Ryan S. Shipp, PLLC, we specialize in residential and commercial landlord-tenant disputes, unlawful detainers, and ejectments, ensuring that our landlord, property owner, and property manager clients receive effective legal solutions. We handle everything from litigation to lease drafting, security deposit disputes, and legal compliance for rental properties.
Florida’s Residential Eviction Process: Step-by-Step Guide
Evictions in Florida must be handled properly under the law. Florida strictly prohibits self-help evictions, meaning landlords cannot change the locks, cut off utilities, or remove a tenant’s belongings without a court order.
1️⃣ Step One: Issue a Proper Notice
Depending on the reason for eviction, landlords must provide written notice to the tenant in accordance with Fla. Stat. § 83.56:
✅ 3-Day Notice to Pay Rent or Quit (Fla. Stat. § 83.56(3)): Used when a tenant fails to pay rent. The tenant has 3 business days (excluding weekends and holidays) to pay the rent or vacate.
✅ 7-Day Notice to Cure or Vacate (Fla. Stat. § 83.56(2)(b)): If the tenant violates the lease, such as having unauthorized pets or causing property damage, the landlord must give a 7-day written notice to fix the violation or leave.
✅ 7-Day Unconditional Quit Notice (Fla. Stat. § 83.56(2)(a)): If the tenant commits a severe violation, like illegal activity or property destruction, the landlord can issue a notice demanding the tenant vacate without an opportunity to fix the problem.
✅ 30 or 60-Day Termination Notice (Fla. Stat. § 83.57): If there is no written rental agreement or the tenancy is month-to-month, the landlord must give a 30-day notice before the end of the rental period. For quarterly leases, 30 days’ noticeis required. Annual leases require 60 days’ notice.
2️⃣ Step Two: File an Eviction Lawsuit (Unlawful Detainer or Ejectment if No Tenancy Exists) ️
If the tenant does not pay rent or move out, the landlord must file an eviction lawsuit in county court. The complaint must include:
- A copy of the lease (if applicable)
- The eviction notice provided to the tenant
- A request for a Default Final Judgment and Writ of Possession if the tenant does not Answer
The tenant has 5 days to Answer. If they fail to do so, the landlord can request a default judgment.
3️⃣ Step Three: Court Hearing & Judgment
If the tenant disputes the eviction, a mediation/ court hearing may be scheduled. The judge will determine:
✔ Was the eviction notice valid?
✔ Rent?
✔ Did the tenant pay rent or fix the violation?
✔ Were the tenant’s rights violated under Florida law?
If the landlord wins, the judge will issue a Final Judgment for Eviction and a Writ of Possession allowing the sheriff to remove the tenant.
Security Deposit Laws in Florida
Security deposits are one of the biggest landlord-tenant disputes in Florida. Florida Statute § 83.49 lays out the rules:
- Landlords have 15 days to return the deposit if there are no deductions.
- If the landlord makes deductions, they must send the tenant written notice within 30 days.
- The tenant has 15 days to dispute the deductions.
Commercial Evictions in Florida: A Guide for Landlords & Property Owners
Florida landlords and commercial property owners need to be aware of the legal eviction process when dealing with tenants who fail to pay rent, violate lease terms, or hold over past their lease expiration. Unlike residential evictions, commercial evictions involve contractual flexibility, but still require strict compliance with Florida law. At Law Office of Ryan S. Shipp, PLLC, we specialize in representing commercial landlords, property owners, and property managers in Palm Beach County and throughout Florida’s 67 Counties. If you’re dealing with a problem tenant, we’re here to help protect your rights and your investment! ⚖️
Florida Law & Grounds for Commercial Eviction
Legal Grounds for Evicting a Commercial Tenant
Florida law provides several valid reasons for evicting a commercial tenant, including:
✔ Nonpayment of Rent (Fla. Stat. § 83.05 & § 83.20) – If a tenant fails to pay rent, the landlord can issue a 3-day notice to pay or vacate (check the lease). Unlike residential evictions, commercial landlords have greater control over lease terms and notice requirements.
✔ Violation of Lease Terms – If the tenant fails to uphold their lease agreement (e.g., unauthorized subleasing, failure to carry insurance, or zoning violations), the landlord can issue a notice of default and demand compliance or termination.
✔ Holding Over After Expiration of Tenancy ⏳ (Fla. Stat. § 83.03) – If a tenant remains in the property after their lease expires or their tenancy is terminated, they are considered a holdover tenant.
✔ Illegal or Unauthorized Use of Property – If a business operates illegally, violates zoning laws, or misuses the premises, landlords may have immediate grounds for eviction.
✔ Breach of Maintenance or Repair Obligations- Many commercial leases require the tenant to maintain the property. Failure to repair damages or keep the premises in good condition can be grounds for eviction.
✔ Bankruptcy or Insolvency of the Tenant ⚖️ – If a commercial tenant files for bankruptcy, the eviction process can become more complex due to federal bankruptcy protections. However, landlords may still have legal options to reclaim the property.
Commercial Eviction Process in Florida
1️⃣ Step One: Review the Lease Agreement
A commercial lease is the most important document in an eviction case. Unlike residential leases, commercial leases may waive certain tenant protections, so it’s essential to review the contract carefully before taking legal action.
2️⃣ Step Two: Provide Proper Notice ✉️
Florida law generally requires:
✔ 3-day notice for nonpayment of rent (unless the lease states otherwise).
✔ 7-day or 15-day notice for other lease violations (unless the lease states otherwise) before proceeding with eviction.
3️⃣ Step Three: File a Commercial Eviction Lawsuit ️ (Fla. Stat. § 83.20 – § 83.21)
If the tenant fails to comply with the notice, the landlord can file an eviction complaint in county or circuit court. The complaint must include:
✔ A copy of the lease agreement
✔ Proof of the eviction notice served
✔ Details on unpaid rent or lease violations ⚠️
4️⃣ Step Four: Tenant Response & Court Hearing ⚖️
The tenant has:
✔ 5 days to Answer if eviction is for nonpayment of rent
✔ 20 days to respond for other lease disputes ️
✔ Failure to respond results in a default judgment
❌ If the tenant contests the eviction, a court hearing may be scheduled.
5️⃣ Step Five: Writ of Possession & Tenant Removal
✔ If the court rules in favor of the landlord, a Final Judgment for Possession is issued.
✔ The landlord can request a Writ of Possession, authorizing the sheriff to remove the tenant. ✔ If the lease allows it, landlords may change the locks or re-enter the property without a court order.
Can a Landlord Lock Out a Commercial Tenant in Florida?
Unlike residential evictions, some commercial landlords can legally re-enter the premises and lock out a tenantwithout court intervention IF the lease includes a self-help eviction clause. However, landlords should be cautious because improper lockouts can lead to lawsuits for wrongful eviction.
✔ Check Lease Terms – Some leases expressly allow landlords to change the locks if the tenant defaults. ✔ No Breach of Peace – The landlord cannot use threats or force to remove a tenant. ✔ Handling Abandoned Property – The landlord must follow Florida law when disposing of or storing tenant property.
If you’re unsure about your rights to lock out a tenant, contact Law Office of Ryan S. Shipp, PLLC before taking action.
⚠️ Commercial Tenant Defenses Against Eviction
A commercial tenant may attempt to challenge the eviction by arguing: ✔ The eviction notice was defective ✔ The landlord accepted partial rent, waiving the right to evict ✔ The landlord breached the lease by failing to maintain the property ️ ✔ The eviction is retaliatory or discriminatory
To avoid delays, landlords should ensure all lease provisions and legal notices are airtight.
How We Help Landlords ️
For Landlords:
✔ Evictions done right – legally compliant, fast, and effective.
✔ Lease drafting & contract enforcement – protect your investment.
✔ Security deposit disputes – avoid costly lawsuits.
✔ Commercial lease evictions – including retail, office, and industrial properties.
Chapter 82 – Unlawful Detainer Actions in Florida ⚖️
Chapter 82 of the Florida Statutes deals with unlawful detainer actions, which differ from evictions and ejectment actions.
What is an Unlawful Detainer Case?
An unlawful detainer lawsuit is filed when a property owner wants to remove an occupant who has no legal right to remain on the property. This means:
✅ No lease agreement or tenancy exists
✅ The occupant does not pay rent
✅ The occupant refuses to leave after being asked
Example: You allow a friend, ex-partner, or family member to stay in your home, and they refuse to leave even though they never had a lease or rental agreement.
Legal Solution: You file an unlawful detainer action under Chapter 82 to regain possession of your property.
Unlawful Detainer vs. Eviction vs. Ejectment
| Legal Action | Applies To | Key Differences |
|---|---|---|
| Eviction (Chapter 83) | Tenants with a rental agreement | Requires lease & landlord-tenant relationship |
| Unlawful Detainer (Chapter 82) | Unauthorized occupants with no lease or rent agreement | No landlord-tenant relationship exists |
| Ejectment (Common Law) | Occupants claiming ownership interest rights | Used when an occupant claims they have a right to the property |
Key Statutes for Unlawful Detainer Cases:
- Fla. Stat. § 82.02 – Defines unlawful detainer and legal procedures.
- Fla. Stat. § 82.03 – Allows for double rent damages if the occupant refuses to leave.
How We Help:
✔ File the unlawful detainer lawsuit quickly and correctly.
✔ Avoid legal delays by ensuring all documents are properly served.
✔ Fight against wrongful claims of tenancy.
Chapter 723 – Mobile Home Park Tenancies in Florida
Florida has special laws for mobile home park residents and landlords under Chapter 723 of the Florida Statutes.
What Makes Mobile Home Parks Different?
Unlike traditional rentals, mobile home park tenants often own their homes, but rent the lot where the home is placed. Chapter 723 of the Florida Statutes, provides unique protections for mobile home owners who rent lots in mobile home parks.
Legal Rights & Responsibilities Under Chapter 723
✅ Lease Agreements (Fla. Stat. § 723.031):
- All mobile home park lot leases must be in writing.
- Lot rental agreements must be at least one year unless both parties agree otherwise.
✅ Rent Increases & Fees (Fla. Stat. § 723.033):
- Landlords must provide a 90-day written notice before increasing lot rent.
- Any increase must be reasonable and justified.
✅ Evictions in Mobile Home Parks (Fla. Stat. § 723.061):
- A mobile home owner can only be evicted for:
✔ Nonpayment of lot rent
✔ Violation of park rules
✔ The park closing or changing use
✔ Failure to maintain the home in a safe condition
How We Help Mobile Home Park Owners
✔ Lot Rent Disputes & Lease Reviews – Ensuring fair rental agreements.
✔ Eviction – Assisting mobile home park owners and property managers with evictions.
✔ Mobile Home Park Compliance – Helping park owners stay legally compliant.
Why Choose Law Office of Ryan S. Shipp, PLLC?
✔ We specialize in landlord-tenant law – We understand the Florida eviction process inside and out.
✔ Fast and effective legal help – Evictions move quickly, so we act fast to protect your rights.
✔ Flat-fee pricing – No surprises, just clear upfront costs.
✔ Local and personalized service – Based in Palm Beach County, serving all of Florida’s 67 Counties.
Call us today at 561.699.0399 for a consultation!
Visit shipplawoffice.com for more information.