Tampa Landlord-Tenant Dispute Attorney

Dutton & Salta represents property owners and landlords in landlord-tenant disputes in Tampa and throughout Florida. Our real estate attorneys handle landlord-tenant matters involving evictions, lease violations, nonpayment of rent, holdover tenants, and other disputes involving residential rental property.

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Landlord-Tenant Law in Florida

Rental housing makes up a significant part of the Tampa housing market. Nearly half of occupied housing units in the City of Tampa are renter-occupied, and Hillsborough County courts handle thousands of eviction cases each year. In the 2023-2024 court fiscal year alone, more than 14,000 eviction cases were filed in Hillsborough County.

For property owners, understanding landlord rights in Florida and the Florida eviction process can be important when a tenant fails to pay rent, violates the lease, damages the property, or remains after the tenancy has ended.

What Is a Landlord-Tenant Dispute?

A landlord-tenant dispute is a disagreement between a property owner and a tenant arising from the rental agreement or the tenant’s occupancy of the property. Common disputes involve nonpayment of rent, property damage, unauthorized occupants or pets, lease violations, or a tenant’s refusal to vacate after the lease has ended.

Depending on the circumstances, the dispute may be resolved through notice and voluntary compliance, negotiation, or a court action seeking possession of the property or other relief. When an occupant is not a tenant, such as a guest who remains after permission to stay has been withdrawn, the property owner may instead need to file an unlawful detainer action, which follows a different process under Florida law.

Who This Applies To / Common Scenarios We Handle

Nonpayment of Rent

When a residential tenant fails to pay rent, Florida law requires the landlord to provide notice before filing an eviction action. For landlords seeking to understand how to evict a tenant in Florida, a nonpayment case generally begins with a Florida 3-day notice demanding payment of the past-due rent or possession of the property.

Lease Violations

Landlord-tenant disputes can also arise when a tenant violates other terms of the lease, such as keeping unauthorized occupants or pets, causing property damage, or creating repeated noise or nuisance issues. For violations that can be corrected, Florida law generally requires the landlord to give the tenant 7 days to cure the violation before terminating the tenancy. More serious violations, or the recurrence of the same or a similar violation within 12 months after written notice, may allow the landlord to proceed without giving the tenant an additional opportunity to cure.

Holdover Tenants and Lease Non-Renewal

A tenant may remain in possession after a lease expires or after a month-to-month tenancy has been properly terminated. When the tenant refuses to leave after the required notice period, the landlord may need to file an action to recover possession of the property.

Related Practice Areas

How the Process Works

NOTICE TO THE TENANT

The first step is typically serving the tenant with the notice required by Florida law. The length of the notice depends on the reason the landlord is seeking possession of the property.

For nonpayment of rent, Florida law requires a 3-day notice demanding payment of the rent or possession of the premises. Saturdays, Sundays, and court-observed legal holidays are excluded when calculating the three-day period. For certain lease violations that can be corrected, the tenant is generally given 7 days to cure the violation. If the same or a similar violation occurs again within 12 months, the landlord may be able to proceed without giving the tenant an additional opportunity to cure.

A different notice applies when the landlord is ending a tenancy that does not have a fixed term, such as a month-to-month tenancy. That notice is not based on tenant misconduct and is not a 3-day or 7-day eviction notice. Instead, it is notice that the tenancy itself will not continue beyond the applicable rental period. For example, a month-to-month residential tenancy requires at least 30 days’ written notice before the end of the monthly period, while a week-to-week tenancy requires at least 7 days’ notice. If the tenant remains after the tenancy has been properly terminated, the landlord may then need to file an action to recover possession.

Serving the correct notice and calculating the deadline properly are important because a defective notice can delay the case or provide the tenant with a defense to the eviction.

Filing the Eviction Complaint

If the tenant does not comply with the notice, the landlord may file an eviction complaint in the county court where the property is located. The complaint asks the court to return possession of the property to the landlord.

Tenant Response or Default

After service of the lawsuit, the tenant has a limited time to respond. If the tenant does not respond, the landlord may seek a default. If the tenant contests the case, the matter can proceed to a hearing or trial.

Hearing and Writ of Possession

If the landlord prevails, the court enters a judgment for possession and the clerk issues a writ of possession. The writ is then enforced by the county sheriff, allowing the landlord to recover possession of the property.

Possible Outcomes

Contested Eviction

A landlord-tenant case may be contested or uncontested. If the tenant does not respond after being properly served, the landlord may be able to proceed by default. If the tenant contests the case, the tenant files a response and raises legal defenses to the eviction.

Those defenses may include problems with the notice, improper service, or a dispute over whether a material lease violation actually occurred. If the court finds a defect in the notice or service, the case may be dismissed without prejudice, requiring the landlord to correct the issue and begin the process again. If the case proceeds, a final hearing or trial will be held to determine whether the landlord has established a legal basis for possession.

Judgment for Possession and Writ of Possession

If the landlord prevails, the court enters a judgment for possession and the clerk issues a writ of possession. The writ is then enforced by the sheriff, returning possession of the property to the landlord.

Settlement or Voluntary Move-Out

Before the final hearing, the parties may resolve the case through a negotiated settlement, or the tenant may voluntarily vacate the property. A settlement may address the timing of the move-out, possession of the property, rent or other amounts claimed to be due, or other disputed issues.

Dismissal or Ruling Against the Landlord

An eviction case may be dismissed if the court determines that the landlord did not satisfy a procedural requirement, such as providing a legally sufficient notice or completing proper service. A dismissal without prejudice may require the landlord to correct the defect and begin the process again.

The court may also rule against the landlord after a final hearing if it determines that the landlord did not prove a material breach of the lease or another legal basis for possession.

Florida Landlord-Tenant Law and Courts

Governing Florida Statutes

Part II of Chapter 83, Florida Statutes, governs residential landlord-tenant relationships in Florida. Florida Statutes, Chapter 83, provides the primary statutory framework for residential tenancies. Section 83.56 governs termination of a rental agreement for nonpayment of rent and other lease violations, including the 3-day notice for nonpayment and the 7-day notice procedures for certain violations.

Section 83.57 establishes the notice required to terminate residential tenancies without a specific duration, including month-to-month and week-to-week tenancies. Section 83.59 governs a landlord’s action to recover possession after the rental agreement has been terminated and the tenant remains in possession.

Once an eviction action has been filed, § 83.60, Florida Statutes, addresses defenses to an action for possession and the requirement that a tenant deposit certain rent into the court registry. If the landlord obtains a judgment for possession, § 83.62, Florida Statutes, governs issuance and execution of the writ of possession.

Which Court Handles a Landlord-Tenant Dispute?

Residential eviction actions are filed in Florida county court in the county where the rental property is located. Section 83.59 requires an action for possession to be brought in the county where the premises are located, and § 34.011, Florida Statutes, gives county courts jurisdiction over proceedings involving the right to possession of real property.

For rental property located in Tampa, an eviction action IS filed in Hillsborough County Court.

Why Choose Dutton & Salta for Your Partition Case

At Dutton & Salta, real property disputes are central to our practice. As a Florida landlord-tenant attorney team, we represent landlords and property owners throughout the state in eviction actions, lease disputes, holdover matters, and other conflicts involving possession of rental property.

Because landlord-tenant cases often turn on notice requirements, service, and the specific terms of the lease, working with a landlord-tenant dispute attorney can help identify the correct procedure at the beginning of the case and avoid preventable delays. Property owners looking for an eviction attorney in Florida can turn to Dutton & Salta for assistance preparing or reviewing required notices, filing the appropriate action, responding to defenses, and pursuing possession through settlement, final hearing, or writ of possession when necessary.

Robert Salta, founding partner, is admitted to the Florida Bar (Bar No. 1022665) and has practiced law in Florida since 2020. He is a member of the Hillsborough County Bar Association and its Real Property, Probate & Trust Law Section.

Corrie Dutton, founding partner, is admitted to the Florida Bar (Bar No. 1032315) and has practiced law since 2019, licensed in Florida since 2021. She is also a member of the Hillsborough County Bar Association and its Real Property, Probate & Trust Law Section.

Areas We Serve

Dutton & Salta is a Tampa-based law firm representing property owners in landlord-tenant disputes throughout all 67 counties in Florida.

Don’t see your county listed? We represent clients across the entire state of Florida. Contact us to discuss your case.

Frequently Asked Questions About Partition Actions in Florida

Does Dutton & Salta represent tenants?

No. At this time Dutton & Salta represents property owners and landlords in landlord-tenant disputes. A landlord-tenant dispute attorney can assist property owners with matters involving nonpayment of rent, lease violations, holdover tenants, and recovery of possession. If you are a tenant we suggest looking for a tenants rights attorney

What’s the difference between an eviction and an unlawful detainer in Florida?

An eviction is generally used when a landlord seeks possession of property from a tenant after a rental agreement has been terminated. Eviction actions involving residential tenancies are governed primarily by Chapter 83, Florida Statutes.

An unlawful detainer action is used when someone remains in possession of property without a landlord-tenant relationship, such as a former guest, family member, or other occupant who does not have a lease or obligation to pay rent. These cases are governed by Chapter 82, Florida Statutes.

How long does the eviction process take in Florida?

There is no single timeline for every Florida eviction. An uncontested case may move relatively quickly because eviction actions are entitled to summary procedure under Florida law. A contested case can take longer if the tenant raises defenses, challenges the notice or service, or the court must hold a final hearing.

The time required also depends on the notice that must be served before filing, how quickly the tenant is served with the lawsuit, the court’s schedule, and whether any procedural issues arise.

What is a 3-day notice, and when can I use one?

A Florida 3-day notice is used when a residential tenant fails to pay rent that is due. The notice demands payment of the rent or possession of the property within the statutory period before the landlord files an eviction action for nonpayment.

The notice must comply with the requirements of § 83.56, Florida Statutes. Because an error in the amount demanded, timing, or contents of the notice can create problems in the eviction case, landlords should make sure the notice is prepared and calculated correctly before proceeding.

Can I evict a tenant myself without an attorney?

Florida law allows a landlord to file an eviction action without an attorney in some circumstances. However, the landlord must still comply with the same statutory notice, filing, service, and procedural requirements that apply when an attorney handles the case.

A landlord’s nonlawyer agent may file the initial eviction complaint, but Florida law limits the agent’s participation beyond that initial filing unless the agent is an attorney. Because defects in the notice, pleadings, or procedure can delay recovery of possession, a landlord may choose to work with a Florida eviction attorney to handle the process.

What can a tenant claim as a defense to eviction?

The available defenses depend on the facts of the case. A tenant may challenge whether the required notice was legally sufficient, whether service was proper, or whether the landlord established the alleged lease violation.

In a residential nonpayment case, Florida law also permits a tenant to raise certain legal or equitable defenses, including qualifying claims involving the landlord’s failure to maintain the property and retaliatory conduct. Section 83.60 governs defenses to actions for rent or possession and also contains requirements concerning payment of rent into the court registry while certain eviction cases are pending.

How much does it cost to hire a landlord-tenant attorney in Tampa?

The cost of hiring an eviction attorney in Tampa depends on the circumstances of the case, including whether the eviction is contested, the issues raised by the tenant, and whether a hearing or trial is necessary. Court filing fees, service costs, and other litigation expenses may also apply.

Florida law provides that the prevailing party in certain actions brought to enforce a residential rental agreement or Part II of Chapter 83 may recover reasonable attorney’s fees and court costs from the nonprevailing party. Contact Dutton & Salta to discuss your case and the fees that would apply to your specific matter.

Sources: Chapter 83, Part II, Florida Statutes, § 83.48, Florida Statutes, § 83.56, Florida Statutes, § 83.57, Florida Statutes, § 83.59, Florida Statutes, § 83.60, Florida Statutes, § 83.62, Florida Statutes, § 34.011, Florida Statutes, § 51.011, Florida Statutes, U.S. Census Bureau QuickFacts, Hillsborough County Clerk of Court & Comptroller

Attorney Review:
Robert Salta (Bar No. 1022665)

Last Reviewed: September 29, 2026

This page is provided for general informational purposes only and does not constitute legal advice. Reading this page or submitting a contact form does not create an attorney-client relationship with Dutton & Salta. Prior results do not guarantee a similar outcome. Please consult a licensed Florida attorney regarding your specific situation.