Getting evicted doesn’t erase the rent you owe. Many tenants assume that once they’re out of the property, the landlord’s options are limited. In Jacksonville, Florida, that assumption can lead to a nasty surprise — a lawsuit for every dollar of unpaid rent, late fees, and sometimes attorney costs.
The Short Answer: Yes, a Landlord Can Sue
Under Florida Statutes § 83.625, a landlord who obtains an eviction judgment may also pursue a separate or combined claim for damages — including unpaid rent, property damage beyond normal wear and tear, and court costs.
An eviction gets the tenant out. A money judgment gets the landlord paid.
How the Process Works in Jacksonville
Step 1: Eviction First
Most landlords file for eviction (unlawful detainer) in Duval County Court first. This is a summary proceeding focused on regaining possession of the property — not collecting money.
Step 2: Suing for Money Damages
After — or alongside — the eviction, the landlord can pursue unpaid rent through:
- Small Claims Court (Duval County) — for amounts up to $8,000
- County Court — for amounts between $8,001 and $30,000
- Circuit Court — for claims over $30,000
The landlord must prove:
- A valid lease agreement existed
- Rent was due and unpaid
- The specific dollar amount owed
What Can Be Recovered?
Landlords in Jacksonville can potentially recover:
- All months of unpaid rent
- Late fees (if specified in the lease)
- Court filing fees
- Attorney fees (if the lease contains an attorney fee clause)
- Costs to re-rent the unit (in some cases)
Can the Tenant Do Anything to Defend Themselves?
Absolutely. Tenants have legal defenses available, including:
- Landlord failed to maintain habitable conditions — Florida law requires landlords to provide a livable property. Failure to do so can reduce or eliminate rent owed.
- Improper notice — If the landlord didn’t follow the correct eviction notice procedure, it can affect the money claim too.
- Security deposit misapplication — If the landlord applied your deposit incorrectly, that’s a defense.
- Retaliatory eviction — If you were evicted for complaining about code violations, that can be raised.
Pro Tips for Tenants
- Keep all rent payment records — receipts, bank statements, money order stubs.
- Document any habitability issues in writing and send notices to your landlord.
- Respond to any lawsuit filed against you — ignoring it results in a default judgment.
Common Mistakes Landlords Make
- Waiting too long to file — Florida has a 5-year statute of limitations on written lease contracts
- Not properly accounting for the security deposit before suing
- Failing to mitigate damages by re-renting the unit promptly
Comparison: Eviction vs. Money Judgment
| Feature | Eviction Filing | Money Judgment |
|---|---|---|
| Purpose | Regain possession | Recover unpaid rent/damages |
| Court | County Court | Small Claims / County / Circuit |
| Timeline | Days to weeks | Weeks to months |
| Can garnish wages? | No | Yes, after judgment |
FAQs
Q: How long does a landlord have to sue for unpaid rent in Florida? Five years for a written lease, four years for oral agreements.
Q: Can the landlord take money from my paycheck? Yes — after a court judgment, a landlord can pursue wage garnishment in Florida (with some exemptions).
Q: Does paying back rent stop the lawsuit? It can. If both parties agree to settle, the case can be dismissed. Get any settlement in writing.
Q: What if I can’t afford to pay the judgment? You can negotiate a payment plan or consult an attorney about options, including bankruptcy in extreme cases.
Conclusion
In Jacksonville, Florida, being evicted doesn’t make your rent debt disappear. Landlords have clear legal tools to pursue what’s owed, and courts take these claims seriously. If you’re a tenant facing this situation, gather your documents, respond to any court filings, and consider speaking with a local tenant’s rights attorney. Ignoring the problem won’t make it go away — but a proactive approach can make a real difference.
