What is a residential Landlord or tenant action?

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.

Who can file a residential landlord or tenant action?

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. If you have a commercial, agricultural or personal property lease, you should consult an attorney for the proper procedures to resolve disputes.

Do I need an attorney?

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

What do I have to do to file a residential landlord/tenant action?

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.

Where can I get copies of the different notices required?

The Clerk’s Offices will have forms designed for use in the event of common residential/landlord disputes. There are forms landlords will need to send to tenants to terminate the lease and evict the tenant.

After I give proper written notice, what do i have to do?

There are different requirements for tenant actions. You may wish to consult an attorney or refer to the public library for detailed information.

When will I go to court?

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.

If the court enters a default, what happens?

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.

Where can i obtain more detailed information on filing a residential landlord/tenant action?

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.