Who Can File a Florida Eviction?
Florida lets individual landlords represent themselves in eviction court. But if your rental property is owned by an LLC, corporation, or partnership, the rules are different — and most landlords don't discover this until after their case is dismissed.
Individual landlords (natural persons who own rental property in their own name) can self-represent — called "pro se" — in Florida county court eviction proceedings. LLCs, corporations, partnerships, and trusts cannot. Fla. R. Civ. P. 1.040 requires a licensed Florida attorney for any legal entity. Filing in an LLC's name without an attorney is a jurisdictional defect — the court dismisses the case.
Who can file — at a glance
| Landlord type | Can self-file? | Rule |
|---|---|---|
| Individual / natural person | Yes — pro se allowed | General right to self-represent |
| Married couple (personal names on deed) | Yes — either spouse | Each spouse is a natural person |
| LLC (single-member or multi-member) | No — attorney required | Fla. R. Civ. P. 1.040 |
| Corporation (C-Corp, S-Corp, PA) | No — attorney required | Fla. R. Civ. P. 1.040 |
| Limited partnership or LLP | No — attorney required | Fla. R. Civ. P. 1.040 |
| Revocable / statutory trust | Typically no — verify | Courts treat most trusts as entities |
What Rule 1.040 says
Florida Rule of Civil Procedure 1.040 addresses when non-attorney representation is permitted in Florida court. The core language for LLCs and corporations:
"A corporation, including a Florida corporation, a foreign corporation, and a corporation not for profit, shall be represented by an attorney authorized to practice in this state."
Source: Fla. R. Civ. P. 1.040 — Last verified June 22, 2026
Florida courts have extended this to LLCs, limited partnerships, and most other legal entities through case law interpreting the rule's intent. The reasoning: a legal entity cannot "speak" in court the way a natural person can — it requires an agent who meets professional standards.
What happens when an LLC tries to self-file
The Clerk may accept the paperwork without flagging the issue. The complaint gets docketed. Many landlords believe the case is proceeding normally.
The tenant receives the summons. If the tenant or their attorney is aware of Rule 1.040, they may file a Motion to Dismiss for lack of proper representation — at any point in the proceedings.
The court dismisses the case. The LLC's eviction action is void. All filing fees are forfeited. The clock on the tenant's possession resets. The LLC must re-file with a licensed attorney — paying both attorney fees and a second round of filing fees.
Practical implications for LLC landlords
If your rental property is held in an LLC, factor attorney fees into your operating budget from day one. In Miami-Dade, an uncontested eviction handled by a specialist typically costs $600–$900 in attorney fees on top of the $185 filing fee and service costs — total $825–$1,125. At typical Miami-Dade rents, that's less than one month of lost rent.
See the full cost breakdown in our DIY vs. specialist cost comparison.
Related guides
Authoritative Florida resources
Primary sources for statutory text, court procedures, and licensed legal help.
- Florida Statutes Chapter 83Florida Residential Landlord and Tenant Act — full statutory textflsenate.gov
- Miami-Dade Clerk: Civil & Family CourtFiling fees, e-filing portal, courthouse detailsmiamidadeclerk.gov
- Miami-Dade Sheriff: EvictionsWrit of possession service procedures and Sheriff coordinationmiamidade.gov
- Florida Bar Lawyer Referral ServiceLocate a Florida-licensed eviction attorneyfloridabar.org
FAQ
What is Florida Rule of Civil Procedure 1.040?
Fla. R. Civ. P. 1.040 provides that a corporation, LLC, or other legal entity cannot appear in court through a non-attorney representative. Specifically: "A corporation shall be represented by an attorney authorized to practice in Florida." This rule applies in county court — where all residential summary evictions are filed — and has no exception for "simple" or "small" cases.
My LLC owns the rental property. Do I have to hire an attorney to file the eviction?
Yes. If the property is titled to an LLC, the eviction complaint must be filed by a licensed Florida attorney. An LLC manager or member who is not a Florida-licensed attorney cannot appear in court for the LLC, even if they are the sole owner. Filing in the LLC's name without an attorney is a jurisdictional defect — the court will dismiss the case and you must re-file with counsel.
What if I own the property jointly with my spouse? Can either of us file?
If the property is owned as a married couple (as tenants by the entirety) or as individual co-owners (as tenants in common or joint tenants), either individual can self-represent their own personal interest pro se. However, if the ownership is through a jointly-owned LLC, the Rule 1.040 restriction applies and an attorney is required.
Can I form an LLC just to own rentals and then hire an attorney only when I need to evict?
Yes — and this is a common and legitimate structure. The LLC provides liability protection throughout the tenancy. When eviction becomes necessary, budget for attorney fees as a cost of operating the LLC. Many eviction specialists offer flat-fee packages for uncontested cases that are predictable.
What counts as a "corporation" under Rule 1.040 — does it include trusts?
Florida courts have extended the Rule 1.040 requirement to corporations, LLCs, limited partnerships, and statutory trusts. Land trusts and revocable living trusts are generally treated the same way — a trustee who is not a licensed attorney cannot represent the trust in eviction proceedings. Verify with a Florida attorney if your ownership structure is unusual.
Can I transfer the property to my personal name to self-represent, then transfer it back?
This approach has legal risks (transfer taxes, potential fraud on creditors, insurance coverage gaps) and may not even solve the problem if a lender has a due-on-sale clause. It is not a recommended workaround. Budget for an attorney fee instead — it is a cost of operating rental property through an entity.
LLC landlord in Miami-Dade? We connect you with a specialist.
Tell us your situation in 90 seconds. We generate the statute-compliant notice and route you to a Miami-Dade eviction specialist who can file on behalf of your LLC.
Start My Eviction