Fla. Stat. § 83.40 et seq. § 83.59
Right of action for possession.
Operative Text
(1) If the rental agreement is terminated and the tenant does not vacate the premises, the landlord may recover possession of the dwelling unit as provided in this section. (2) A landlord, the landlord’s attorney, or the landlord’s agent, applying for the removal of a tenant, shall file in the county court of the county where the premises are situated a complaint describing the dwelling unit and stating the facts that authorize its recovery. A landlord’s agent is not permitted to take any action other than the initial filing of the complaint, unless the landlord’s agent is an attorney. The landlord is entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar. (3) The landlord shall not recover possession of a dwelling unit except: (a) In an action for possession under subsection (2) or other civil action in which the issue of right of possession is determined; (b) When the tenant has surrendered possession of the dwelling unit to the landlord; (c) When the tenant has abandoned the dwelling unit. In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption does not apply if the rent is current or the tenant has notified the landlord, in writing, of an intended absence; or (d) When the last remaining tenant of a dwelling unit is deceased, personal property remains on the premises, rent is unpaid, at least 60 days have elapsed following the date of death, and the landlord has not been notified in writing of the existence of a probate estate or of the name and address of a personal representative. This paragraph does not apply to a dwelling unit used in connection with a federally administered or regulated housing program, including programs under s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 of the National Housing Act, as amended. (4) The prevailing party is entitled to have judgment for costs and execution therefor.
Florida Statute § 83.59 establishes the legal process a landlord must follow to regain possession of a rental unit after a tenancy has ended and the tenant has not left. A landlord cannot simply remove a tenant on their own; possession may only be recovered through a court action filed in the county where the property is located, or in limited circumstances such as the tenant's voluntary surrender, abandonment, or the death of the last remaining tenant under specific conditions. The statute also entitles the winning party in such an action to recover court costs.
Plain English — not legal advice.
Under Fla. Stat. § 83.59, a compliant landlord who needs to recover possession of a dwelling unit files a formal complaint in the county court describing the unit and the factual basis for recovery — self-help measures such as changing locks or removing belongings are not an authorized path under this section. A non-attorney agent may handle only the initial complaint filing; any further court proceedings require the landlord or a licensed attorney to appear. Landlords operating units tied to federally administered housing programs should note that the deceased-tenant provision in subsection (3)(d) does not apply to those properties.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Fla. Stat. § 83.59 provides tenants with important procedural protections: a landlord generally cannot remove a tenant from a dwelling without first obtaining a court judgment through the process described in this section. If a landlord attempts to recover possession outside of these authorized channels — for example, through self-help eviction tactics — that conduct may be raised as a defense in court proceedings. Tenants who receive a complaint for possession or believe their landlord is acting outside the bounds of § 83.59 may wish to consult a local tenant-rights organization or legal aid office to understand the options available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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