When you stop paying rent, your landlord has the right to start a formal eviction process. However, Florida law protects you from immediate or illegal removal. Your landlord cannot lock you out, shut off your utilities to force you to leave. A landlord must also follow Florida’s legal procedures when recovering possession of the property and handling your belongings.
The legal eviction process
Dealing with unpaid rent in Florida means following strict legal timelines and court procedures. Landlords must take specific legal steps to proceed with an eviction, which gives you defined rights and deadlines to protect yourself. Here is what happens and what you should know to protect your rights, including:
- Receiving a three-day notice: The landlord must first give a written three-day notice demanding payment of the rent owed. You have three business days, excluding weekends and court holidays, to either pay in full or move out before they can take legal action.
- Facing an eviction lawsuit: If you do not pay or move out within those three days, your landlord can file an eviction case against you in court. Once you are served with the lawsuit papers, you have five business days to file a formal response with the court.
- Depositing rent into the court registry: If you want to fight the eviction or contest the amount owed in court, Florida law requires you to deposit the unpaid rent money directly into the court’s registry. If you fail to deposit the money or ask the court to determine the correct amount, you risk losing the case.
- Facing sheriff removal: If the court rules in favor of the landlord, the judge will issue an order allowing the county sheriff to post a final 24-hour notice on your door. Only the sheriff can legally enter and physically remove you from the property.
Avoiding illegal “self-help” actions by the landlord: It is strictly illegal for a landlord to change your locks, turn off your power or water, or remove your doors to force you out. Landlords who attempt these shortcuts face heavy financial penalties and legal liability.
Protecting your rights
Ignoring an eviction notice or missing court deadlines will lead to an automatic judgment against you, which can harm your credit and make it difficult to rent in the future. If you receive a 3-day notice or court summons, acting promptly whether by paying the overdue rent, depositing funds into the court registry or filing a formal response can make a significant difference in the outcome of an eviction case.
