A property owner generally does not need a lawyer to file an eviction lawsuit or to represent them in court. Florida law allows the landlord’s agents, such as a real estate agent or property manager, to file simple lawsuits for eviction. These agents are limited to presenting the complaint for possession only. If damages are sought or if the tenant contests the case, the landlord must represent themselves or hire an attorney. Also, if a hearing or other pleadings are required, the landlord must do so themselves or hire an attorney.

A corporation cannot represent itself in court. If the landlord is a corporation, LLC, or some other entity, the landlord will need an attorney to file an eviction lawsuit, other than for possession, on their behalf. If a court hearing is required, only an attorney may represent the corporation. Many landlords are unaware of this rule and end up dismissing their claims and paying their tenants’ attorney fees. The bottom line is that if the lease lists a corporation as the owner, the owner must get an attorney to represent the corporation.

Some tenant attorneys will take cases when they realize that the landlord’s court filings are technically flawed. If the tenant gets an attorney, the landlord should seriously consider getting an attorney as well. An experienced attorney with reasonable fees could mean the difference between losing a case and paying the tenant’s attorney fees, and getting the tenant evicted in a timely manner. All homeowners must weigh the pros and cons of proceeding without an attorney.