Landlords often rely on Florida’s landlord-tenant statutes to regain possession of rental properties when tenants overstay or violate lease terms. However, when a tenant has obtained a domestic violence (DV) injunction against the landlord, the legal landscape becomes more complex. The recent decision in Castillo v. Camacho, 50 Fla. L. Weekly D1402a (Fla. 6th DCA 2025), offers important guidance for landlords on the limitations of county court jurisdiction when domestic violence protections are in place.
The Conflict: Eviction vs. Injunction
In Castillo, the parties shared a home owned by the landlord, Mr. Camacho. The tenant, Ms. Castillo, obtained a temporary DV injunction in circuit court, which granted her exclusive possession of the home. While that injunction was still in effect, Mr. Camacho filed an eviction action in county court under Florida Statutes Chapter 83, alleging that Ms. Castillo was a month-to-month tenant whose lease had been terminated.
The county court, believing it had exclusive jurisdiction over eviction proceedings, ruled in favor of Mr. Camacho and granted possession. Ms. Castillo appealed, arguing that the injunction from circuit court superseded the eviction order.
The Appellate Court’s Ruling
The Sixth District Court of Appeal reversed the county court’s ruling, holding that the county court lacked jurisdiction to override the circuit court’s DV injunction. Although the county court does have “exclusive jurisdiction” over possession matters under section 83.59, Fla. Stat., this jurisdiction is limited to cases where the possessory rights arise solely from rental agreements. The court emphasized that the temporary exclusive possession granted under the DV injunction stemmed not from a lease, but from statutory protection under section 741.30, which falls under the circuit court’s exclusive jurisdiction.
In short, a DV injunction trumps an eviction when it comes to possession rights, and only the circuit court can modify or dissolve such an injunction.
Why This Matters for Landlords
This case underscores several critical lessons for landlords and property managers in Florida:
1. Domestic Violence Injunctions Override Eviction Remedies
When a tenant has been granted possession of a property under a DV injunction, the landlord cannot simply bypass that order by filing an eviction action in county court. Doing so may result in reversal on appeal, delays, and potential legal liability.
2. Know Which Court Has Jurisdiction
Landlords must understand that not all possession disputes are within the county court’s jurisdiction. If possession is awarded by a circuit court via a DV injunction, only the circuit court can enforce, modify, or terminate that order. Filing in the wrong court wastes resources and undermines the landlord’s position.
3. Coordinate with Legal Counsel Before Filing
Landlords should seek legal counsel when a tenant is protected by a DV injunction. An attorney can help assess whether a possession claim is appropriate, or whether the injunction must be addressed first in circuit court. Attempting to litigate around the injunction can backfire.
Practical Tip: Pause and Review Before Evicting
Before initiating any eviction where a DV injunction may be involved:
- Confirm whether the tenant has an active injunction.
- Review the terms of the injunction regarding possession of the home.
- Do not assume a lease termination automatically entitles you to possession.
- If the injunction awards exclusive possession to the tenant, any eviction action must wait until that order is modified or lifted by the circuit court.
Conclusion
Castillo v. Camacho highlights an often-overlooked intersection between landlord-tenant law and domestic violence protections. Florida landlords must recognize that legal possession of rental property is not always governed by lease agreements alone. Statutory protections, particularly under section 741.30, can create possessory rights enforceable only in circuit court. Failing to respect these jurisdictional boundaries can lead to costly legal setbacks.
Landlords are best served by staying informed, acting cautiously, and consulting legal professionals when sensitive issues like domestic violence are involved.