# 6 Florida- Non-payment of Rent- What can the Landlord do?

Non-Payment of Rent
Section 83.56(3), F.S.
The landlord must serve the tenant, a written notice allowing three days (excluding weekends and legal holidays) for you to pay the rent or move from the premises. If the tenant does not pay the rent or move, the landlord  may begin legal action to evict the tenant.

In order for the landlord to gain payment of rent or possession of the dwelling, he/she must file suit in county court. If the court agrees with the landlord, the tenant  will be notified in writing. The tenant will then have five days (excluding weekends and legal holidays) to respond – also in writing – to the court. If  the tenant does not respond or a judgment is entered against  the tenant,  the clerk of the county court will issue a “Writ of Possession” to the sheriff who will notify the tenant  that eviction will take place in 24 hours.

Florida Law does not allow a landlord to force a tenant out by:

• Shutting off the utilities or interrupting service, even if that service is under the control of or the landlord makes payment;
• Changing the locks or using a device that denies the tenant access;
• Removing the outside doors, locks, roof, walls or windows (except for purposes of maintenance, repair or replacement); and/or
• Removing the tenant's personal property from the dwelling unless action is taken after surrender, abandonment, recovery of possession of the dwelling unit due to the death of the last remaining tenant in accordance with section 83.59(3)(d), or lawful eviction.

If any of these occur, the tenant may sue for actual and consequential damages or three months' rent, whichever is greater, plus court costs and attorney's fees

Other evictions: 

Under certain circumstances, if the tenant has exhibited a lack of consideration for the rights and privacy of others, a landlord has the right to require the tenant to move with very little notice.

In some cases (destruction, damage, misuse of property, unreasonable disturbances), the landlord does not have to give the tenant an opportunity to remedy the problem and may terminate tenancy by giving the tenant a seven-day written notice.

Each eviction case is unique, so be sure to obtain legal advice. A landlord MAY NOT evict a tenant solely in retaliation for the tenant complaining to a governmental agency about code violations or asserting other tenant rights.

Next: How much Notice Period is required?