An eviction is a legal process by which a landlord seeks to remove a tenant from a rental property. In Florida, a landlord cannot simply remove a tenant — they must follow a specific legal process that includes providing written notice, filing a lawsuit in county court, and obtaining a court judgment and writ of possession. Only after a judge issues a writ of possession can a sheriff remove a tenant.

No. Florida law requires landlords to provide written notice before filing for eviction. The type of notice depends on the reason for eviction. For nonpayment of rent, the landlord must give a 3-day notice to pay or vacate. For lease violations, a 7-day notice is required. For month-to-month tenancies with no violation, a 15-day notice is required. If your landlord skips this step or serves the notice improperly, the eviction may be invalid.

• Read it carefully — note the type of notice (3-day, 7-day, 15-day) and the deadline.

• Do not ignore it. Ignoring an eviction notice will result in a court judgment against you.

• Do not move out immediately — receiving a notice does not mean you have to leave.

• Contact Korte & Associates right away. You may have defenses available that can stop or delay the eviction.

• Document everything — take photos of the property and save all communications with your landlord.

• Do not withhold rent without legal advice — this can hurt your case if done incorrectly.

Yes. In many cases tenants can stop an eviction entirely or buy significant additional time. Common ways to stop an eviction include paying overdue rent within the notice period, proving the landlord failed to follow proper legal procedures, demonstrating the eviction is retaliatory or discriminatory, showing the landlord failed to maintain the property in a habitable condition, or negotiating a payment plan or move-out agreement with the landlord. An experienced tenant attorney can identify which defenses apply to your specific situation.

• The right to receive proper written notice before any eviction filing.

• The right to be served with the court summons and complaint.

• The right to respond to the eviction lawsuit and appear in court.

• The right to present defenses and evidence before a judge.

• The right to remain in your home until a judge issues a writ of possession.

• The right to be free from illegal landlord self-help tactics such as lockouts or utility shutoffs.

• The right to appeal a court judgment against you.

• Improper or defective notice — the landlord did not follow Florida's notice requirements.

• Acceptance of rent — the landlord accepted rent after sending the eviction notice, waiving their right to evict.

• Retaliatory eviction — the landlord is evicting you because you complained about conditions or reported code violations.

• Discriminatory eviction — the eviction is based on race, religion, national origin, sex, disability, or familial status.

• Landlord's failure to maintain the property — the landlord breached their duty to provide habitable housing.

• Payment of rent — you paid the rent owed and the landlord proceeded anyway.

• Procedural errors — the landlord or their attorney made errors in filing or serving court documents.

An uncontested eviction in Florida typically takes 2 to 4 weeks from the initial notice to a court judgment. If you contest the eviction by filing a response with the court, the process usually takes 4 to 8 weeks or longer, depending on the county court's schedule and the complexity of the case. Filing a response and appearing in court is one of the most important things you can do — it gives your attorney time to build your defense and negotiate on your behalf.

No. This is illegal in Florida. A landlord cannot change your locks, remove your belongings, shut off your utilities, or physically remove you from the property without first obtaining a court judgment and a writ of possession executed by a sheriff. These actions are called 'self-help evictions' and are a violation of Florida law. If your landlord does any of these things, contact us immediately — you may be entitled to damages.

• The court will issue a judgment for possession in favor of the landlord.

• The landlord must then obtain a Writ of Possession from the court clerk.

• The sheriff will post the writ on your door, giving you 24 hours to vacate.

• If you do not leave, the sheriff will physically remove you and your belongings.

• You may still owe back rent and the landlord's court costs depending on the judgment.

• You have the right to appeal the judgment, which can delay the process while your case is reviewed.

• Review your eviction notice and identify any procedural defects that may make it invalid.

• File a written response to the eviction lawsuit to preserve your rights and buy time.

• Appear in court on your behalf and present your legal defenses before a judge.

• Negotiate with your landlord or their attorney for a payment plan, more time to move, or a dismissal.

• Challenge any illegal landlord actions such as lockouts, utility shutoffs, or harassment.

• Pursue counterclaims against your landlord if they have violated your rights.

• Handle the entire case remotely if you are located outside Palm Beach County.

We offer flat-fee eviction defense Flat-fee pricing means you know your total cost upfront with no surprise billing. We also offer free initial consultations so you can understand your options before making any financial commitment. Contact us at (561) 228-6200 to discuss your situation.

• As soon as you receive any eviction notice — even a 3-day notice — so your attorney has maximum time to act.

• If you have already been served with a court summons, time is critical — you typically have only 5 days to respond.

• If your landlord has changed your locks, removed your belongings, or shut off utilities.

• If you believe your eviction is retaliatory or discriminatory.

• If your landlord has failed to maintain the property or make required repairs.

• If you have a hearing scheduled and do not know what to say or do in court.

• The sooner you contact us, the more options we have to help you.

In Florida, a landlord must return your security deposit within 15 days if they are making no deductions. If the landlord intends to make deductions, they must send you written notice by certified mail within 30 days of the tenancy ending, stating the reason for any withholding. If the landlord fails to send that notice within 30 days, they forfeit the right to make any deductions and must return the full deposit.

• Unpaid rent owed at the end of the tenancy.

• Physical damage to the unit beyond normal wear and tear.

• Costs to clean the unit if it was left significantly dirtier than when you moved in.

• Other lease violations that resulted in documented financial loss to the landlord.

• Normal wear and tear — scuffs on walls, minor carpet wear, faded paint — cannot be deducted.

If your landlord fails to return your deposit within the required timeframe or makes improper deductions, you should send a written demand letter by certified mail requesting the return of your deposit. If the landlord does not respond or refuses, contact Korte & Associates. Under Florida law, if a landlord wrongfully withholds a security deposit, you may be entitled to recover the full deposit plus court costs and attorney's fees. We handle security deposit recovery cases throughout Florida.

Florida law requires landlords to maintain rental properties in a habitable condition. This includes working plumbing, electricity, heat, and structural soundness, as well as freedom from pests, mold, and other health hazards. If your landlord fails to make required repairs after receiving written notice, you may have the right to withhold rent, terminate the lease, or sue for damages. However, these remedies must be pursued correctly under Florida law — contact us before taking any action to protect your rights.

Florida landlords have the right to enter your unit for repairs, inspections, or to show the property to prospective tenants or buyers. However, they must provide at least 12 hours advance notice and enter at a reasonable time — generally between 7:30 a.m. and 8:00 p.m. Entry without notice is only permitted in genuine emergencies. A landlord who repeatedly enters without notice may be violating your right to quiet enjoyment, which is grounds for legal action.

• Document the timeline — when you complained about conditions or reported violations, and when the eviction notice arrived.

• Save all written communications with your landlord — texts, emails, letters.

• Contact Korte & Associates immediately. Retaliatory eviction is illegal in Florida.

• Do not vacate the property — moving out can waive your right to challenge the eviction.

• Florida law presumes an eviction is retaliatory if it occurs within a certain time period after a tenant exercises their legal rights. Your attorney can use this presumption in your defense.

Yes, landlords can refer unpaid rent to collection agencies. However, both the landlord and the collection agency must follow the Fair Debt Collection Practices Act (FDCPA) and Florida's consumer protection laws. They cannot harass you, make false claims about what you owe, contact you at unreasonable hours, or threaten actions they cannot legally take. If a collection agency is using illegal tactics to collect a debt related to a tenancy, contact us — you may be entitled to damages.

• Calling repeatedly or at unreasonable hours (before 8 a.m. or after 9 p.m.).

• Threatening legal action that cannot or will not be taken.

• Misrepresenting the amount owed or adding unauthorized fees.

• Contacting your employer, family members, or neighbors about the debt.

• Using abusive, obscene, or threatening language.

• Failing to provide written verification of the debt when requested.

• Continuing to contact you after you have sent a written request to stop.

No. Korte & Associates represents tenants throughout all 67 Florida counties. While our office is located in Palm Beach Gardens, we handle cases statewide through virtual consultations, electronic document signing, and our secure client portal. Our attorneys appear in courts across Florida on behalf of our clients. If you are a tenant anywhere in Florida, we can help.

No. Korte & Associates exclusively represents tenants — never landlords. This means our interests are always fully aligned with yours. We understand tenant rights law from the tenant's perspective and are dedicated 100% to protecting renters.

The easiest way to get started is to call us at (561) 228-6200 or schedule a free consultation online at calendly.com/bkorte-kortepa. During your consultation we will review your situation, explain your legal options, and outline exactly what we can do to help. There is no obligation and no cost for the initial consultation.

• A copy of any eviction notice or court documents you have received.

• Your lease or rental agreement.

• Any written communications with your landlord (texts, emails, letters).

• The address of the rental property.

• Any court dates or deadlines listed in the documents you received.

• Do not worry if you do not have all of these — call us anyway and we will guide you.

Yes, and you should do so immediately. In Florida, once you are served with an eviction summons you typically have only 5 business days to file a written response with the court. Missing this deadline can result in a default judgment against you. Call us as soon as possible at (561) 228-6200 — the sooner you contact us, the more we can do to help.