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Eviction for Nonpayment of Rent in Florida: What Tenants Should Know

Explore Florida eviction procedures for unpaid rent, how to deposit disputed rent, and steps to protect yourself if your landlord overstates what you owe.

February 17, 2026

(FLORIDA)- If the eviction is for unpaid rent, tenants usually must deposit the rent they agree is owed into the court registry. If the landlord claims you owe more than you do, you may file a Motion to Determine Rent.

Public housing and Section 8 tenants typically only deposit their portion of the rent.

Scenario: You receive a 3-day notice claiming $1,500 due, but your records show you only owe $1,200. You file a Motion to Determine Rent with supporting bank statements, proving the discrepancy. The judge adjusts the required payment, preventing an unfair eviction.

FAQs:

1. Can I include utility discrepancies in my rent dispute?

  • Yes, provide documentation of payments or overcharges.

2. Do I have to deposit rent if I’m contesting the amount?

  • Typically yes, to show good faith and protect your defense.

3. What if I’m on public housing assistance?

  • Only your portion of rent due needs to be deposited, as specified by your assistance program.

Legal Disclaimer: This is NOT intended to take the place of legal advice. It is designed to inform you of a tenant’s rights and responsibilities under Florida law. It is also designed to help you handle problems on your own when you can’t get a lawyer.

About Florida Rural Legal Services (FRLS):

Florida Rural Legal Services, Inc. (FRLS) is a non-profit law firm that provides free civil legal aid to qualified individuals, families, and vulnerable communities across 13 Florida counties and to farmworkers statewide. Since 1966, FRLS has pursued justice by providing legal services in
housing law, family law, consumer protection, public benefits, elder law, disaster relief, education law, tax advocacy, and more, all at no cost to our clients. FRLS collaborates with community organizations and Pro Bono attorneys to deliver quality advocacy, outreach, and education designed to protect the rights of those in need. For over 50 years, FRLS has been a steadfast advocate for justice. Learn more at www.FRLS.org.