Most Florida landlords assume they need to hire an eviction attorney. Most of the time, they don't. For a standard non-payment eviction where the tenant doesn't respond, the process is straightforward enough that a landlord can handle it correctly with the right documents.
This page breaks down exactly what eviction attorneys charge, when you actually need one, and when you're paying for something you don't need.
Eviction attorneys in Florida typically charge in one of two ways: a flat fee per case or an hourly rate. For a standard uncontested eviction, flat fees typically range from $500 to $1,000. If the tenant responds, files a defense, or the case goes to a hearing, fees quickly climb to $1,500 to $3,000 or more. For complex cases involving discrimination claims, Fair Housing violations, or commercial properties, attorney fees can exceed $5,000.
On top of attorney fees, you still pay all court and sheriff costs — the $185 filing fee, $10 per defendant for summons, $40 per defendant for service, and $90 for the writ of possession. The attorney does not cover those.
When You Do NOT Need an Eviction Attorney
The majority of Florida evictions fall into this category. You do not need an attorney if your situation matches all of the following:
The eviction is for non-payment of rent
The property is residential (not commercial)
The tenant has no history of Fair Housing complaints against you
You served the notice correctly and have documentation
The tenant is unlikely to file a written response
In these cases — which represent the vast majority of non-payment evictions — the process is a straightforward document filing sequence. The forms are standardized, the steps are defined by Florida Statute Chapter 83, and courts process uncontested cases routinely. A document preparation service provides the same court-ready forms at a fraction of the attorney cost.
When You DO Need an Eviction Attorney
There are specific situations where attorney representation is genuinely necessary:
The tenant files a written response contesting the eviction. Once a tenant files an answer, the case moves to a hearing. An attorney who knows eviction law and courtroom procedure gives you a significant advantage.
The tenant makes a Fair Housing or discrimination claim. These claims carry serious legal exposure and require experienced counsel immediately.
The property is commercial. Commercial evictions operate under different rules than residential evictions and are considerably more complex.
The tenant has an attorney. If they've retained legal representation, you should too.
There are conditions or habitability claims in the tenant's response. If the tenant claims the property was uninhabitable or that you failed to maintain it, this becomes a legal dispute that goes beyond document filing.
The $238 vs $1,000+ Decision
For a standard Florida non-payment eviction where the tenant doesn't respond, which is the most common outcome, the difference between a document preparation service and an attorney is roughly $700 to $1,200. Both result in the same outcome: a signed Final Judgment and a Writ of Possession. The document prep route gets you there with court-ready forms, step-by-step instructions, and no attorney fees.
If the situation escalates-the tenant responds, claims discrimination, or hires their own attorney, upgrading to legal representation at that point is always an option.
Most landlords never reach that point.
~Hiring an attorney for a straightforward non-payment case and paying $800+ for something a document service handles for $238
~Attempting to handle a contested eviction or Fair Housing claim without legal representation
~Assuming an attorney handles everything. You still pay all court and sheriff fees on top of legal fees
~Waiting to decide and losing additional weeks of rent while the tenant stays
~Using an attorney who doesn't specialize in Florida landlord-tenant law. General practice attorneys often charge more and know the process less
Frequently Asked Questions:
Q1 Question: Do I need an attorney to evict a tenant in Florida? Answer: No. For a standard non-payment eviction where the tenant doesn't respond, landlords can file correctly without an attorney.
Q2 Question: How much does an eviction attorney cost in Florida? Answer: Flat fees typically range from $500 to $1,000 for uncontested cases. Contested cases cost $1,500 to $3,000 or more.
Q3 Question: When do I need an eviction attorney in Florida? Answer: When the tenant files a written response, makes a Fair Housing claim, hires their own attorney, or the property is commercial.
Q4 Question: Can I evict a tenant myself in Florida without a lawyer? Answer: Yes. Florida landlords can file evictions without an attorney using standardized court forms and step-by-step instructions.
Q5 Question: What does an eviction attorney do in Florida? Answer: Prepares and files eviction documents, represents you at hearings, and handles contested cases or Fair Housing claims.
Q6 Question: Is a document preparation service cheaper than an eviction attorney? Answer: Yes. Document preparation typically costs $200 to $300 versus $500 to $1,500+ for an attorney on an uncontested eviction.
Q7 Question: What happens if my tenant hires an attorney during eviction? Answer: You should hire an attorney too. Once the tenant has legal representation the case becomes significantly more complex.
Q8 Question: Do I still pay court fees if I hire an eviction attorney in Florida? Answer: Yes. Filing fees, sheriff fees, and writ costs are separate from attorney fees. You pay both regardless of who files.
Q9 Question: Can I switch from self-filing to an attorney mid-eviction in Florida? Answer: Yes. If the tenant responds or the case escalates, you can retain an attorney at any point during the process.
Q10 Question: What is a Fair Housing claim in an eviction? Answer: A tenant allegation that the eviction is based on discrimination. These claims require an attorney immediately regardless of merit.
What to know the process in YOUR county?
Evictions Done For You is a document preparation service, not a law firm. Nothing on this page constitutes legal advice. For questions about your specific situation, consult a licensed Florida attorney.