Florida Landlord Tenant Attorney | Eviction & Lease Dispute Lawyer
Last updated on October 9, 2025
Landlord/tenant law in Florida is a dynamic area of practice that requires a deep understanding to effectively protect and advocate for your rights. At Bernhardt Riley, Attorneys at Law, PLLC, we help landlords and tenants throughout Tampa, Clearwater, Palm Harbor, St. Petersburg, and all of Florida navigate these complex laws. From drafting and reviewing lease agreements to handling evictions and disputes over security deposits, our legal team provides robust support. Whether you are a landlord protecting your investment or a tenant defending your rights, we offer experienced counsel to address landlord-tenant issues.
Landlords face a myriad of legal challenges, from adhering to housing regulations to managing tenant relationships. We address these issues with proactive solutions that can help prevent future disputes and litigate on your behalf when conflicts arise. Tenants may face unfair evictions, habitability issues, or illegal lockouts. Our firm provides knowledgeable counsel tailored to the real estate industry’s unique needs and your specific situation.
Florida Landlord Tenant Law: Chapter 83, Florida Statutes
Florida’s landlord-tenant relationship is primarily governed by Chapter 83, Florida Statutes, split into two parts:
- Part I — Non-Residential Tenancies (commercial leases)
- Part II — Florida Residential Landlord and Tenant Act (residential rentals)
Between them, these statutes cover:
- Lease requirements and enforceability
- Security deposit rules (15- or 30-day return deadlines after vacancy)
- Eviction procedures (3-day, 7-day, and 15-day notices)
- Landlord obligations — habitability, repairs, and statutory maintenance duties
- Tenant rights — withholding rent for material repair failures under specific procedures
- Unlawful detainer and ejectment actions
- Damages and attorney’s fees provisions
Both landlords and tenants must comply with Chapter 83’s specific procedures and timelines to protect their legal rights. Failure to follow these requirements can result in dismissal of eviction cases for landlords — or default judgments against tenants.
Residential vs. Commercial Evictions: A Critical Distinction
Florida treats residential and commercial tenancies very differently:
- Residential evictions are governed by Chapter 83, Part II, and include strong statutory protections for tenants, including required notices, rent-into-registry rules, and habitability defenses.
- Commercial evictions are governed by Chapter 83, Part I, and are primarily controlled by the lease itself. Self-help and remedies that are forbidden in a residential context may be permitted in commercial contexts, subject to the lease and any waiver provisions.
Using the wrong framework — or the wrong notice — is one of the most common reasons evictions get dismissed. For commercial property specifically, see our commercial real estate page.
Common Florida Eviction Notices
The type of notice required depends on the reason for eviction:
- 3-Day Notice — nonpayment of rent (residential). Must properly state the amount due and exclude late fees from the rent calculation.
- 7-Day Notice to Cure — curable lease violation other than nonpayment.
- 7-Day Notice of Termination — non-curable or repeated violations.
- 15-Day Notice — termination of a month-to-month tenancy (residential).
- Commercial notices — typically governed by the lease, with 3-day notice for nonpayment under Part I when the lease is silent.
Defective notices are one of the most frequent grounds for dismissal, which is why notice drafting and service should be approached carefully.
Security Deposit Disputes in Florida
Florida requires landlords to follow specific rules on security deposits under § 83.49, Florida Statutes:
- Return of the deposit within 15 days after vacancy if no deduction is claimed.
- Written notice of intent to impose a claim within 30 days, by certified mail, stating the reason.
- Tenant’s 15-day window to object in writing.
- Failure to follow the statutory procedure can result in forfeiture of the right to claim against the deposit.
Deposit disputes often include allegations of excessive withholding, undocumented charges, or ordinary wear and tear claimed as tenant damage.
Habitability & Landlord Repair Obligations
Florida landlords have statutory obligations to maintain the premises and comply with applicable building, housing, and health codes. When a landlord fails to meet repair obligations, tenants may have remedies including:
- Withholding rent after a proper written notice and cure period (residential, specific procedure)
- Rent abatement in litigation
- Constructive eviction claims in severe cases
- Habitability defenses in an eviction proceeding
Because each remedy has specific procedural requirements, tenants should consult counsel before withholding rent.
Addressing the Common Issues Landlords and Tenants Face
Florida law requires very specific timelines and procedures that a landlord or property manager must comply with when attempting to evict a tenant in order to avoid dismissal. Likewise, a tenant must also abide by certain timelines in order to prevent a default.
Our real estate litigation attorneys at Bernhardt Riley, Attorneys at Law, PLLC, assist with a wide range of landlord/tenant concerns in Tampa, Clearwater, and throughout Florida, including:
- Failure to pay rent and 3-day notice challenges
- Ejections and unlawful detainers
- Residential and commercial evictions
- Lease drafting and negotiation
- Property maintenance and repair disputes
- Implied warranty of habitability and code violations
- Security deposit disputes
- Abandonment of premises
- Ground leases and long-term commercial arrangements
- Quiet enjoyment and illegal lockouts
- Short-term rental compliance and disputes
- HOA/condo rental restrictions intersecting with lease rights
Whether you are a landlord seeking to protect your investment or a tenant facing legal concerns, Bernhardt Riley, Attorneys at Law, PLLC is here to assist you.
Frequently Asked Questions About Florida Landlord Tenant Law
How long does a Florida eviction take?
A residential eviction in Florida typically takes 3 to 6 weeks from service of a proper notice through entry of a final judgment, assuming the tenant does not contest. Contested cases, delays in service, or procedural missteps can extend the timeline significantly.
What notice is required to evict for nonpayment of rent?
A 3-Day Notice to Pay Rent or Quit under § 83.56(3), Florida Statutes. The notice must accurately state the amount of rent owed (not including late fees) and be properly served. Errors in the notice are a frequent ground for dismissal.
Can a landlord change the locks on a tenant in Florida?
Generally, no. Self-help evictions — including lockouts, shutting off utilities, or removing a tenant’s belongings — are prohibited in residential tenancies under § 83.67, Florida Statutes. Statutory damages and attorney’s fees may apply.
How long does a landlord have to return a security deposit in Florida?
15 days after vacancy if no deduction is claimed, or 30 days to send written notice of intent to impose a claim against the deposit. Failure to follow the statutory procedure can result in loss of the right to deduct.
Can a tenant withhold rent for repairs?
Under Florida’s Residential Landlord and Tenant Act, a tenant may withhold rent only after 7 days’ written notice of a material failure to comply and the landlord’s failure to cure. Specific procedures apply, and rent often must be deposited into the court registry in a subsequent eviction case.
What is an unlawful detainer action?
An unlawful detainer (§ 82.04, Florida Statutes) addresses possession disputes where the parties do not have a landlord-tenant relationship — for example, a house guest who refuses to leave. These actions follow different procedures than residential evictions.
Can a commercial landlord lock out a tenant?
Self-help in commercial contexts is governed primarily by the lease. Where the lease permits and applicable law does not prohibit, commercial lockouts may be available, subject to strict compliance. Commercial tenants facing lockout should consult counsel immediately.
What happens if the tenant abandons the property?
Florida law defines abandonment under § 83.59(3)(c). Proper investigation, documentation, and — where applicable — statutory notice matter, both for regaining possession and for handling tenant personal property.
Related Practice Areas
For practical guidance, see our articles on two important steps when evicting for non-payment and eviction for rent non-payment in Florida commercial real estate. Short-term rental operators should also see what do I need to know if I run a short-term rental in Tampa.
Contact Our Florida Landlord Tenant Attorneys
Time is critical in landlord-tenant disputes. Landlords must follow precise procedures to avoid dismissal. Tenants must also act quickly to protect their rights and avoid default in eviction proceedings.
Contact us to schedule a consultation where we can discuss the specifics of your situation and provide the legal guidance you need. You can reach us by calling (727) 275-9575 or by filling out our online contact form.
Let our experienced attorneys at Bernhardt Riley, Attorneys at Law, PLLC, offer you the dedicated support and representation you need in Florida’s landlord/tenant law landscape.
Serving Tampa, Clearwater, Palm Harbor, St. Petersburg, Destin, and all of Florida.