Can my landlord forcefully take possession of my home in Florida?

Full question:

I am a 26-year-old girl living in Florida. I lost my job recently and have not been able to find a new one. As a consequence, I was not able to pay the rent for the past 3 months. My landlord wants to evict me, but in the present situation, I cannot move to another place. I am worried that in my absence the landlord might breach into my house and take the possession. Is it possible for the landlord to forcefully take the possession?

• Category: Landlord Tenant
• Date: 04/07/2025
• State: Florida

Answer:

In Florida, landlords cannot forcefully take possession of a rental property. According to Florida Statute § 83.05, a landlord must follow legal procedures to regain possession. This includes:

• Filing an action for possession under § 83.20 or another civil action.
• Waiting for the tenant to surrender possession voluntarily.
• Determining if the tenant has abandoned the property.

Under § 83.20, if a tenant fails to pay rent, the landlord must provide written notice and allow time for the tenant to move out. A landlord can only assume abandonment if:

• The tenant has been absent for thirty consecutive days,
• The rent is not current, and
• A notice has been served and ten days have passed since.

However, this presumption does not apply if the rent is current or if the tenant has notified the landlord in writing about their absence. Therefore, your landlord cannot take possession without following the proper legal steps.