How do I evict a tenant in Florida?

Florida evictions begin with written notice — the type and duration of notice depends on the reason for eviction. For nonpayment of rent, a three-day notice is required. For lease violations, a seven-day notice applies. If the tenant does not comply, the landlord files an eviction complaint in county court. The tenant has five business days to respond. If no response is filed, a default judgment is entered. If the tenant responds, a hearing is scheduled. A writ of possession issued after judgment authorizes the sheriff to remove the tenant. An attorney ensures each step is executed correctly — a procedural error restarts the process from the beginning.

Can my landlord keep my security deposit in Florida?

A landlord in Florida must return your security deposit within 15 days of lease termination if no deductions are claimed. If deductions are claimed, the landlord must send written notice of the specific deductions to your last known address within 30 days. If the landlord misses either deadline or fails to send the required written notice, Florida law entitles you to the full deposit regardless of the claimed deductions — plus attorney's fees. If your landlord has withheld your deposit without proper notice, contact our office to review your options.

What are my rights as a tenant if my landlord won't make repairs in Florida?

Florida's implied warranty of habitability requires landlords to maintain rental properties in a condition fit for habitation. If your landlord fails to make required repairs after written notice, Florida law allows you to withhold rent, arrange for repairs and deduct the cost from rent in some circumstances, or terminate the lease — all subject to specific procedural requirements. Skipping the required notice or following the wrong procedure can forfeit the protection the statute provides. An attorney ensures the steps are correct before you act.

Does the firm represent both landlords and tenants?

Yes. We represent property owners pursuing eviction or lease enforcement and tenants whose rights are being violated. Both audiences receive the same standard of preparation and representation at our Port St. Lucie office.

Is a landlord-tenant attorney near Port St. Lucie available?

Yes. Our Port St. Lucie office at 1961 SW Park Place, STE 202 handles landlord-tenant and property disputes for clients throughout St. Lucie County and the Treasure Coast. Linnes Finney Jr. and Louis M. Thermilus both handle these matters directly.

What is the difference between eviction and unlawful detainer in Florida?

Eviction — formally called an action for possession — is the legal process for removing a tenant who has a lease or rental agreement. Unlawful detainer applies when the occupant has no lease or legal right to remain — a family member who has overstayed, a former partner, or a squatter. The procedures differ and the notice requirements are different. An attorney determines which process applies to your situation and files the correct action.

Landlord Tenant Attorney Port St. Lucie FL

Serving Fayette County, Georgia and St. Lucie County, Florida

Linnes Finney Jr. and Louis M. Thermilus both handle landlord-tenant and property disputes at our Port St. Lucie, Florida office. Linnes is Florida Bar Board Certified in Civil Trial Law, the 64th President of the National Bar Association, and has litigated disputes in more than 20 states — when a property matter needs to go to court, he is ready. Louis brings broad civil litigation experience including years of landlord-tenant practice across Florida — accessible, thorough, and familiar with the full range of disputes that arise between property owners and tenants.

We represent both landlords and tenants. Whether you are a property owner trying to regain possession of your property or a tenant whose rights are being violated, you will find experienced representation at this office.

Florida law requires landlords to return a tenant's security deposit within 15 days of lease termination if no deductions are claimed. If the landlord intends to make deductions, written notice of the claim must be sent to the tenant's last known address within 30 days of lease termination. Failure to comply with either deadline entitles the tenant to the full deposit — plus attorney's fees.

For tenants, this means a landlord who misses the deadline or fails to send proper written notice has forfeited the right to withhold any portion of the deposit. For landlords, it means the notice deadline is not optional — it is a statutory requirement with real financial consequences.

Florida's eviction process is governed by strict procedural requirements. The type of notice required, the number of days the tenant has to respond, the manner of service, and the timing of the court filing all follow specific rules under Florida law. A procedural error — a notice with the wrong number of days, improper service, or a premature court filing — does not pause the process. It restarts it.

For landlords, that means additional weeks of lost rent, carrying costs, and delay — all of which could have been avoided with proper procedure from the start. The steps are straightforward when handled correctly.

Florida eviction process overview for landlords:

How do I evict a tenant in Florida?
Florida evictions begin with written notice — the type and duration of notice depends on the reason for eviction. For nonpayment of rent, a three-day notice is required. For lease violations, a seven-day notice applies. If the tenant does not comply, the landlord files an eviction complaint in county court. The tenant has five business days to respond. If no response is filed, a default judgment is entered. If the tenant responds, a hearing is scheduled. A writ of possession issued after judgment authorizes the sheriff to remove the tenant. An attorney ensures each step is executed correctly — a procedural error restarts the process from the beginning.
Can my landlord keep my security deposit in Florida?
A landlord in Florida must return your security deposit within 15 days of lease termination if no deductions are claimed. If deductions are claimed, the landlord must send written notice of the specific deductions to your last known address within 30 days. If the landlord misses either deadline or fails to send the required written notice, Florida law entitles you to the full deposit regardless of the claimed deductions — plus attorney's fees. If your landlord has withheld your deposit without proper notice, contact our office to review your options.
What are my rights as a tenant if my landlord won't make repairs in Florida?
Florida's implied warranty of habitability requires landlords to maintain rental properties in a condition fit for habitation. If your landlord fails to make required repairs after written notice, Florida law allows you to withhold rent, arrange for repairs and deduct the cost from rent in some circumstances, or terminate the lease — all subject to specific procedural requirements. Skipping the required notice or following the wrong procedure can forfeit the protection the statute provides. An attorney ensures the steps are correct before you act.
Does the firm represent both landlords and tenants?
Yes. We represent property owners pursuing eviction or lease enforcement and tenants whose rights are being violated. Both audiences receive the same standard of preparation and representation at our Port St. Lucie office.
Is a landlord-tenant attorney near Port St. Lucie available?
Yes. Our Port St. Lucie office at 1961 SW Park Place, STE 202 handles landlord-tenant and property disputes for clients throughout St. Lucie County and the Treasure Coast. Linnes Finney Jr. and Louis M. Thermilus both handle these matters directly.
What is the difference between eviction and unlawful detainer in Florida?
Eviction — formally called an action for possession — is the legal process for removing a tenant who has a lease or rental agreement. Unlawful detainer applies when the occupant has no lease or legal right to remain — a family member who has overstayed, a former partner, or a squatter. The procedures differ and the notice requirements are different. An attorney determines which process applies to your situation and files the correct action.

Simmons, Finney & Winfield, LLC handles landlord-tenant and property disputes for clients across St. Lucie County and the Treasure Coast from our Port St. Lucie, Florida office. Linnes Finney Jr. is Florida Bar Board Certified in Civil Trial Law, the 64th President of the National Bar Association, and has litigated disputes in more than 20 states. Louis M. Thermilus brings extensive civil litigation experience including years of landlord-tenant practice in Florida. The firm represents both landlords and tenants. Learn more about the firm on our Our Firm page.

Serving Fayette County, Georgia and St. Lucie County, Florida

Landlord-Tenant Attorney Serving Port St. Lucie and St. Lucie County, Florida

Two Attorneys. One Practice. Both Sides of the Relationship.

Landlord-Tenant and Property Law Services in Florida

Eviction proceedings

Unlawful detainer

Security deposit disputes

Habitability disputes

Lease disputes

Property damage claims

Lease review and negotiation

Commercial landlord-tenant disputes

Advance directives

Healthcare surrogates

Trust administration

Security Deposit — Florida Law Is Specific

H2: Florida Evictions — One Mistake Restarts the Clock

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