Short answer. Usually not on your own. An LLC is a separate legal entity, and business entities generally must appear in Florida courts through a licensed attorney, even when one person owns the whole company. There are narrow exceptions, and they should not be assumed.
Why owning the LLC is not enough
A limited liability company is its own legal person. Owning or managing it does not make you its lawyer, and acting for the company in court can be treated as representing someone else, which generally requires a license. That is true even if you are the sole member and the eviction looks simple.
The property manager question
Many owners ask whether a property manager can file instead. The answer is limited:
- Florida’s eviction statute allows a landlord’s agent to file the initial complaint, but says that an agent who is not an attorney may not take any other action in the case (see section 83.59).
- Court rules contain a narrow allowance for certain property managers in uncontested residential evictions based only on nonpayment of rent. It has requirements, including proper authorization, and it does not give a manager general authority to represent an LLC in court.
- If the tenant contests the case, a hearing is required, or the landlord asks for more than possession, such as unpaid rent or damages, that allowance may no longer apply.
A separate court rule lets business entities appear through an authorized representative in some small-claims money cases. A possession case is not the same thing, so do not assume that rule covers an eviction.
What goes wrong when owners try it anyway
- The filing can be rejected or dismissed.
- Time is lost, and every extra week is a week without rent.
- A notice or complaint prepared without help may need to be redone from the start.
What to do
If your rental is owned by an LLC and the tenant has stopped paying or violated the lease:
Confirm who the landlord is
Check the lease and property records so the right entity is named.
Gather your documents
The lease, the rent ledger, any notices, and your communications with the tenant.
Get advice before you file
Radke Law represents LLC and other entity landlords in eviction proceedings. See residential evictions.