Florida Eviction Law · Entity Landlords

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.

Last verified September 24, 2026

Quick answer

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. Florida law 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	Florida case law
Corporation (C-Corp, S-Corp, PA)	No, attorney required	Florida case law
Limited partnership or LLP	No, attorney required	Florida case law
Revocable / statutory trust	Typically no, verify	Courts treat most trusts as entities
Property manager (for any owner)	Only uncontested non-payment cases	Florida Supreme Court advisory opinion; approved forms

Where the attorney requirement comes from

You will often see Florida Rule of Civil Procedure 1.040 cited for this. That rule only says Florida has one form of action, the "civil action." The requirement actually comes from long-standing Florida case law: a corporation, LLC, or other legal entity cannot represent itself in court through a non-lawyer, so a complaint filed that way can be dismissed.

The one exception

The Florida Supreme Court allows a nonlawyer property manager, with the owner's written authorization, to file an uncontested residential eviction for non-payment of rent using Florida Supreme Court-approved forms, including the motions for default and the writ of possession. Once the tenant contests the case, or for lease-violation and holdover evictions, a licensed attorney is required.

Source: The Florida Bar re Advisory Opinion, Nonlawyer Preparation of and Representation of Landlord in Uncontested Residential Evictions (Fla.). Last verified September 24, 2026.

What happens when an LLC tries to self-file

Stage 1: Filing

The Clerk may accept the paperwork without flagging the issue. The complaint gets docketed. Many landlords believe the case is proceeding normally.

Stage 2: Summons and service

The tenant receives the summons. If the tenant or their attorney raises the issue, they may file a Motion to Dismiss for lack of proper representation, at any point in the proceedings.

Stage 3: Dismissal

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.

Full cost table comparing self-file vs. specialist for uncontested and contested cases.

Miami-Dade eviction process

Step-by-step from notice to Sheriff lockout, with fee breakdown.

Unlawful detainer vs. eviction in Florida

Which court process applies when the occupant isn't a formal tenant.

3-Day Notice rules

The correct form, timing, and service method for non-payment.

Authoritative Florida resources

Primary sources for statutory text, court procedures, and licensed legal help.

FAQ

Is it Florida Rule of Civil Procedure 1.040 that requires LLCs to hire an attorney?

No. Rule 1.040 is often cited for this, but it only says there is one form of action in Florida, the "civil action." The attorney requirement comes from long-standing Florida case law: a corporation, LLC, or other legal entity cannot appear in court through a non-lawyer. It applies in county court, where residential evictions are filed. The only exception is narrow: a property manager filing an uncontested non-payment eviction on Florida Supreme Court-approved forms.

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 entity attorney requirement 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.

Does the attorney requirement cover trusts?

Florida courts apply the attorney 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 my property manager file the eviction instead of an attorney?

In one narrow case, yes. The Florida Supreme Court allows a nonlawyer property manager, with the owner's written authorization, to complete, sign, and file an uncontested residential eviction for non-payment of rent using Florida Supreme Court-approved forms, and to obtain the default judgment and writ of possession. If the tenant contests the case, a licensed attorney must take over. The exception does not cover lease-violation or holdover evictions.

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.

Generate My Free Notice