Eviction is a legal process for recovering possession
Under Florida § 83.59, when a rental agreement has been terminated and the tenant remains, the landlord may seek possession through county court. A tenant, an owner, and a guest may require different legal remedies; identify the person’s legal status before choosing a procedure.
| Situation | Starting point |
|---|---|
| Tenant fails to pay the landlord or breaches the lease | The unit owner, as landlord, evaluates termination and eviction. |
| Tenant violates association requirements | The association evaluates document enforcement and its available remedies with counsel. |
| Tenant ignores a valid association rent-redirection demand | A specific statutory association eviction remedy may apply. |
| Owner fails to pay assessments | Collection and possible lien foreclosure—not ordinary tenant eviction. |
| Guest, family member, or other non-tenant remains | Counsel determines whether unlawful detainer, ejectment, or another remedy applies. |
Identify the status. Choose the right remedy.
Can a condominium association evict someone?
The association is not automatically the landlord of a privately owned unit. For rule violations, § 718.303 provides compliance remedies against owners and occupants. Ask counsel whether an injunction or other action is appropriate and whether your documents provide enforceable additional authority.
A specific exception: unpaid redirected rent
Section 718.116(11) describes a limited statutory rent-redirection remedy involving certain monetary obligations owed by an owner and subsequent tenant payments. Its notice requirements, tenant protections and limits need review against the actual lease, account history and circumstances. The existence of this provision does not establish that the association can use it in every delinquency or occupancy dispute.
The statute also describes a limited possession remedy in connection with unpaid redirected rent. Ask association counsel whether its prerequisites are met and what, if any, remedy is available. Counsel should determine the proper claimant, legal grounds, demand and notice requirements, accounting, service, forum, tenant protections and possible defenses. This summary does not establish that the association is the landlord, is entitled to possession, or may file a particular action.
What about an owner?
Assessment foreclosure under § 718.116 is a separate proceeding that can affect title. Any later possession process follows the applicable court procedure. A board cannot simply vote to evict an owner for being unpopular or breaking a rule.
Questions for counsel before any notice or filing
This consultation checklist replaces a step-by-step eviction sequence. Different occupants, claims and agreements may require different procedures. It does not select a remedy, calculate a deadline, or authorize anyone to send a demand or commence a case.
- Who has authority to act? Who is the proper claimant, what is the occupant’s asserted legal status, and what association authorization is needed?
- What remedy, if any, fits? Is the objective rent collection, document compliance, possession, or another result? Does a limited statutory rent-redirection remedy apply, or is a different route appropriate?
- What facts and defenses matter? How do the lease, ledger, prior payments, approvals, accommodation requests, disputed facts and any other protections affect the available options?
- What preliminary steps are required? Which demands or notices, recipients, contents and service methods apply? How should the actual dates be calculated and documented, and what opportunity to respond or cure is required?
- Where and by whom could a case be brought? What forum, parties, pleadings, service and response requirements apply? Who will prepare and manage them?
- What would a judgment authorize? If possession is awarded, what orders, writ, notices and authorized enforcement steps are necessary? Who may carry them out?
- What could change the plan? Ask about defenses, payment, settlement, bankruptcy, appeals, stays, costs and the next point requiring board direction.
Provide counsel with the complete documents and a factual chronology. Have counsel select or prepare any legal notice, confirm service and deadlines, and handle the appropriate proceedings. A generic example, application denial or filed complaint is not authority for directors to remove someone themselves.
No lockouts or improvised pressure tactics
Section 83.67 prohibits landlords from interrupting utilities, denying reasonable dwelling access, or removing a tenant’s possessions except through legally permitted circumstances. Violations can lead to damages and attorney fees.
Association suspensions under § 718.303 also cannot cut off unit access, utilities, parking, or elevators. Do not cancel gate access as a way to force someone out, change locks, remove belongings, or shut off water to accelerate a dispute.
Call 911 for immediate danger. Emergency assistance and criminal reporting are separate from deciding a civil right to possession.
Protect the community. Respect the process.
What will it cost, and how long will it take?
Confirm the Clerk’s current filing fees and the applicable sheriff service or writ-execution charges before budgeting. Separate filing, summons, service, attorney work, and other expenses. Fees depend on the type of action and services requested; the Clerk’s fee page could not be reverified for this update, so fixed amounts are not quoted.
There is no reliable single total or completion date. Service problems, defenses, hearings, bankruptcy, appeals, and sheriff scheduling can affect the case. Ask counsel for a written estimate separating uncontested work from contested proceedings and identifying the next decision point.
Suggested budgeting practice: ask who initially pays each expense, whether recovery is legally available, and whether collection is realistic. Do not promise the association will recover every dollar.
Before the board authorizes legal action
Board Synergy recommended practice
Suggested preparation for a consultation; counsel determines the legally required process for the particular case:
- Gather the declaration, amendments, applicable rules, lease, and approval records.
- Identify the owner, actual occupants, and their claimed right to remain.
- Prepare a dated chronology with evidence and copies of delivered notices.
- Reconcile balances and payments if the issue involves redirected rent.
- Identify accommodation requests, disputed facts, and prior inconsistent treatment.
- Ask counsel to identify the proper plaintiff, remedy, required approvals, and budget.
For Century Village, distinguish association decisions from UCO screening or community access administration. Do not treat an administrative approval or denial as a court order. Use the Denied Renewals case-file checklist for a focused factual packet and the occupancy process overview for community paperwork.
Track the case without taking over counsel’s role
Board Synergy recommended practice
Assign one authorized board or management contact and a backup. Keep a controlled file and a clear record of what has been authorized, what remains disputed, and who must act next.
| Track | Ask or record |
|---|---|
| Authority and objective | Who is the proper plaintiff? Is the aim possession, compliance, collections, or another remedy? What board approval is needed? |
| Documents and evidence | Keep the lease, relevant governing provisions, approval records, chronology, notices and service evidence, payment ledger, and responses. Identify missing or disputed facts. |
| Deadlines and responsibility | Record each actual deadline, its source, the responsible professional, and the next status check. Do not calculate a court or notice deadline from a generic example. |
| Budget and decisions | Document the approved engagement, estimate, settlement authority if any, cost changes, and when further board direction is needed. |
| Resolution and closeout | Obtain counsel’s confirmation of the result and any remaining obligations. Update payments, records, and authorized operational instructions based on the documented outcome. |
Preserve records when a dispute develops. Keep relevant messages and documents; ask counsel about preservation requirements and appropriate access to the file. Avoid public distribution of screening reports, accommodation details, or privileged communications.
Use the decision/action log and deadline register. For occupancy and access records, follow the separate records-maintenance checklist. An application status or board decision should not be substituted for counsel’s instructions or the applicable court process.
Official resources & related pages
- § 718.116 — Collections and tenant rent redirection
- § 718.303 — Association enforcement remedies
- § 83.56 — Termination notices · § 83.59 — Possession actions
- § 83.62 — Writ execution · § 83.67 — Prohibited practices
- Palm Beach County Clerk — Eviction procedures · Current county civil fees
Board Leadership Denied Renewals Board Enforcement
Resource and styling update: October 16, 2026; original review October 10, 2026; remedy and process qualifications revised October 18, 2026. Writ-execution and association-suspension provisions were checked against §§83.62 and 718.303. Other original statutory summaries remain subject to case-specific verification; confirm current Clerk and sheriff fees. General education, not an eviction notice or filing guide for a particular dispute. Obtain association counsel’s advice before initiating removal proceedings.