Do You Need an Eviction Lawyer in Florida? When Landlords Should Hire One

Florida is one of the most landlord-friendly eviction states. An uncontested nonpayment case can go from notice to a sheriff's writ in three to four weeks, and since July 2023 the same statewide rules apply in every city and county. So the honest answer to "do I need a lawyer?" is: not always. Many Florida landlords file a routine nonpayment case themselves. The cases that go wrong are the ones where a small defect in the notice, or a tenant's defense, turns a routine filing into a dismissal and a fresh start.

When a Florida landlord can usually go it alone

A nonpayment case with a clean three-day notice is the most routine eviction in the state. The reason is the registry rule in Fla. Stat. § 83.60(2): a tenant who wants to raise any defense other than payment must deposit the rent claimed in the complaint into the court registry within five business days, or file a motion to determine rent. A tenant who does neither loses every defense except payment, and the landlord is entitled to an immediate default judgment and a writ of possession. That is why most Florida cases never reach a hearing.

When to hire an eviction attorney

• Lease-violation cases, which turn on whether the breach is curable (a seven-day notice to cure) or non-curable (a seven-day notice to vacate) under § 83.56(2).
• A tenant who has raised repairs or retaliation, including a withholding of rent after a seven-day written repair notice under § 83.60(1) or a retaliation defense under § 83.64.
• Subsidized or federally backed properties, where the CARES Act 30-day notice can still apply to nonpayment.
• When you also want a money judgment. The rent and damages count follows normal civil timelines and needs personal service, unlike the fast possession count.
• Busy dockets. Contested cases in Miami-Dade and Broward can run six to ten weeks, and a mistake costs more time there.

The mistakes that get Florida cases dismissed

• A three-day notice that demands late fees or utilities, unless the lease defines them as rent.
• Miscounting the three days: weekends and legal holidays are excluded.
• Serving the notice before the rent was actually due.
• Emailing a notice without a signed electronic-notice addendum under § 83.505, or after the tenant revoked consent.
• Accepting the full rent late, which waives the default, or accepting partial rent without one of the three steps § 83.56(5)(a) requires: a receipt showing the balance and due date, paying it into the registry, or a new notice.
• Changing the locks or cutting utilities before the sheriff executes the writ, which § 83.67 punishes with three months' rent or actual damages plus attorney's fees.

What it costs

Florida eviction firms typically charge a flat fee of a few hundred dollars for an uncontested possession case. Court costs are on top: about $185 to file a possession-only case (roughly $300 to $400 with a damages count), about $40 to serve the summons, and $90 for the sheriff to serve and execute the writ of possession. Contested and lease-violation cases are usually billed by the hour. Ask whether a flat fee covers a hearing if the tenant answers and deposits the rent.

Questions to ask before you hire

Ask which county courts the firm files in most often and how quickly it moves for default after the five-day answer period. Ask whether it handles the registry-deposit motion if the tenant answers without depositing. And if you want a money judgment, ask how the firm pursues it alongside the possession case.

Where to start

Read the Florida eviction process guide for the full sequence and timeline, then look at the Florida eviction attorneys listed here. Firms are organized by city and county, and you can contact them from any listing. Nothing on this page is legal advice; check the current statutes and your county clerk's requirements before you act.