Short answer. An eviction asks the court who gets possession of the property. A claim for unpaid rent or damage asks the court to order the tenant to pay money. They are different claims with different procedures. You can pursue one or both, and winning a money judgment does not mean the money is collected.
Two different questions
- PossessionWho has the right to the property now? The case is brought in county court under a faster, summary procedure, and a successful result is a judgment for possession and a writ of possession.
- MoneyWhat does the tenant owe? This covers unpaid rent and certain damages from a lease violation or property damage, and it is decided on the evidence.
How they interact
- They can be brought together or separately. A landlord may be able to include a claim for rent or damages with the possession case, or pursue it later. Which is better depends on the facts.
- Procedures can differ. Money claims may follow a longer response period and process than the possession claim, so adding one can slow or complicate the case.
- Representation can differ. For an LLC landlord, adding money claims can affect who may appear for the entity. See LLC landlords: what to know before filing.
- The tenant can leave before a judgment. Possession may become moot if the tenant moves out, but a money claim can remain.
The security deposit
A deposit may offset what the tenant owes, but Florida sets timing rules for how a landlord must notify a tenant about a claim on the deposit (Fla. Stat. § 83.49). Missing those requirements can cost the landlord the right to claim against it.
Proving a money claim
- The lease and a ledger showing the unpaid amounts
- Move-in and move-out condition records and dated photographs
- Repair estimates, invoices, and receipts
- Records of any notices and your communications with the tenant
Ordinary wear and tear is different from damage, and a tenant can dispute both the cause and the cost.
Collecting is a separate step
A judgment is a court order to pay. It does not collect itself. How much can be recovered depends on the tenant’s circumstances and the collection tools available under Florida law, so it is worth thinking about collectability before spending heavily on a claim.
Example (hypothetical). A tenant leaves owing two months’ rent and about $1,800 in damage, and the landlord holds a $1,500 deposit. The landlord would need to follow the statute’s timing for notifying the tenant about a claim on the deposit, document the damage, and decide whether the remaining amount is worth pursuing in court.
Practical next steps
Preserve evidence now
Photograph the condition of the unit and keep records of every charge.
Watch the deposit deadlines
Calendar them as soon as the tenant moves out.
Decide what you are asking for
Possession, money, or both, and in what order.
See also residential evictions and landlord disputes.