As with any other agreement, if one side fails to perform obligations under a lease, the other side may bring a lawsuit to enforce the obligations. The most common cause of litigation between Landlord and Tenant involves the non-payment of rent. Florida law tries to provide a speedy legal remedy for landlords, featuring a sharp reduction in the time permitted for a defendant to respond, and giving the case preference over most other types of cases on the court calendar for an early hearing date. The procedure is called an “Unlawful Detainer.”
Landlord- Tenant Attorneys: In many ways, Unlawful Detainer actions are tilted, procedurally, in favor of the landlord over the tenant. Because of this, Courts are extremely strict in the enforcement of the landlord’s procedural obligations. A very slight technical violation on the part of the landlord can cause an Unlawful Detainer action to be dismissed by the Court. It can be re-filed, of course, but the unpaid rent continues to mount while that is being done.