Eviction Process in Florida
What landlords and property managers need to know about removing a non-paying or non-compliant tenant under Florida law, from initial notice through writ of possession.
Typical Timeline
3 weeks to 3 months
Governing Statute
Fla. Stat. § 83.40 et seq.
Type of Process
Court-supervised legal action
High-Level Summary of Florida Eviction
Florida eviction is a court-driven process governed by the Florida Residential Landlord and Tenant Act (Part II of Chapter 83, Florida Statutes). Florida's process moves faster than most states once filed: tenants have only 5 business days to respond after being served, and contested cases generally resolve in weeks rather than months.
Self-help eviction, changing locks, removing belongings, shutting off utilities, is strictly prohibited and exposes landlords to statutory damages. All evictions must move through county court, typically as a "Removal of Tenant" action filed in the county where the property is located.
Valid Reasons Landlords Can Evict in Florida
Florida recognizes the following grounds. Each has its own notice form and timing requirements set by statute.
Nonpayment of Rent
The most common ground. Requires a 3-day notice (excluding weekends and legal holidays) under Fla. Stat. § 83.56(3).
Curable Lease Violation
Unauthorized pets, occupants, or minor breaches that the tenant can fix. Requires 7-day notice with opportunity to cure.
Non-Curable Violation
Intentional damage, repeated violations, or conduct that cannot be remedied. 7-day unconditional quit notice applies.
Illegal Activity
Drug-related crimes, violence, or other illegal use of the premises. Allows immediate termination under federal and state law.
Lease Expiration / Holdover
Tenant remains in possession after the lease term ends without renewal. Notice depends on tenancy type (week-to-week, month-to-month, etc.).
No-Cause Termination (Periodic Tenancy)
For month-to-month tenancies, 30-day written notice ends the tenancy without cause. Week-to-week requires 7 days.
Just-cause requirements: Florida does not have a statewide "just cause" eviction law. However, some local ordinances (e.g., Miami-Dade) impose additional notice or relocation requirements. Check the property's county and city before serving notice.
Notice Requirements
Before filing in county court, the landlord must serve the correct written notice. Using the wrong form or wrong timing is the most common reason Florida eviction cases get dismissed.
Types of Notices in Florida
| Notice Type | When Used | Timeframe |
|---|---|---|
| 3-Day Notice to Pay Rent or Quit | Nonpayment of rent | 3 business days (excludes weekends & legal holidays) |
| 7-Day Notice to Cure | Fixable lease violation (e.g., unauthorized pet) | 7 days to cure |
| 7-Day Unconditional Quit Notice | Serious or repeated violation, intentional damage | 7 days to vacate (no opportunity to cure) |
| Notice of Non-Renewal | End of month-to-month tenancy | 30 days before end of period |
| Notice of Non-Renewal (week-to-week) | End of week-to-week tenancy | 7 days before end of period |
Notice Must Include
- Tenant name(s) as listed on the lease
- Full property address (including unit number)
- Reason for eviction (rent owed, specific violation, etc.)
- Exact amount owed, broken down (rent, late fees) — for nonpayment cases
- Deadline to comply or vacate (date and time)
- Where and how to deliver payment (for pay-or-quit notices)
- Landlord or agent signature and contact information
Delivery Methods
- Personal delivery — hand-delivered to the tenant
- Posting + mailing — conspicuous posting on the door if no one is home (often combined with mailing)
- Certified mail — recommended for documentation, though not strictly required for the 3-day notice
Florida courts have repeatedly dismissed cases where the 3-day notice excluded weekends/holidays incorrectly or omitted the cents in the amount owed. Be precise.
How a Florida Eviction Moves Through the Courts
The seven core stages of a Florida eviction action, from initial notice to enforcement by the sheriff.
- 1
Serve Notice
Landlord delivers the proper written notice to the tenant (3-day, 7-day, or 30-day depending on cause).
Tenant has 3-30 days to comply or vacate - 2
File Eviction Case
If the tenant does not comply, the landlord files a "Complaint for Removal of Tenant" in the county court where the property is located.
Filed in: County Court (Civil Division) - 3
Serve Summons & Complaint
The clerk issues a Summons. The Sheriff or a private process server formally serves the tenant with the Summons and Complaint.
Tenant response deadline: 5 business days from service - 4
Tenant Response
The tenant may file a written answer with the court, raise defenses, or request a trial. For nonpayment cases, the tenant must also deposit any rent owed into the court registry to contest.
Failure to deposit rent typically waives the right to defend - 5
Court Hearing
If contested, the case proceeds to a hearing. The judge reviews the lease, notice, payment records, and any defenses raised. Possible outcomes: case dismissed, judgment for landlord, settlement, or payment plan.
Often scheduled within 2-4 weeks of filing - 6
Judgment & Writ of Possession
If the landlord prevails, the court issues a Final Judgment and a Writ of Possession ordering the tenant to vacate.
Tenant given 24 hours after Writ is posted to vacate - 7
Enforcement
The Sheriff serves the Writ. If the tenant does not vacate, the Sheriff returns to remove the tenant and restore possession to the landlord.
Only the Sheriff (not the landlord) may execute the removal
Typical Timeline in Florida
Estimated time per stage for an uncontested nonpayment case. Contested cases or cases involving service-of-process challenges can extend significantly.
| Stage | Estimated Time |
|---|---|
| Notice period (3-day notice) | 3 business days |
| Filing to service of process | 3-7 days |
| Tenant response window | 5 business days |
| Hearing (if contested) | 1-3 weeks after answer |
| Judgment to Writ posting | 1-5 days |
| Writ posting to physical removal | 24 hours minimum |
| Total (uncontested) | 3-5 weeks |
Note: Contested cases, defective notices that require re-service, or court calendar delays can extend the total timeline to 2-3 months. Active service members may have additional protections under the Servicemembers Civil Relief Act (SCRA).
Common Tenant Defenses in Florida
Tenants frequently raise these defenses. Cases get dismissed when landlords have not documented compliance with each procedural step.
Improper Notice
Wrong notice period, incorrect amount owed, missing required information, or improper delivery.
Retaliation
Eviction filed within a short window after the tenant exercised a legal right (e.g., reported a code violation).
Discrimination
Eviction motivated by race, color, religion, sex, familial status, national origin, disability, or other protected class.
Failure to Maintain Property
Landlord did not maintain habitable conditions; tenant may withhold rent if proper procedures were followed (Fla. Stat. § 83.51, § 83.60).
Payment or Partial Compliance
Tenant paid rent within the notice window, or partially cured the violation.
Procedural Errors
Wrong court, defective service, expired notice, or missing required attachments to the Complaint.
What Florida Landlords Must (and Must Not) Do
Florida law makes self-help eviction a statutory violation with significant penalties. Always work through the courts.
Must Do
- Serve the correct written notice with all statutory content
- File the eviction case in the county where the property is located
- Pay the court filing fee and provide a Summons for each tenant
- Use the Sheriff or a certified process server for service
- Wait for the court to issue a Writ of Possession before any removal
- Use the Sheriff to physically execute the Writ
- Follow Fla. Stat. § 715.10 for handling abandoned personal property after removal
Must Not Do
- Change the locks while the tenant is still in possession
- Remove the tenant's belongings or place them outside
- Shut off utilities (electricity, water, gas) to force a tenant out
- Threaten, harass, or intimidate the tenant
- Refuse to accept rent during the notice period (waives the notice)
- Personally remove the tenant — only the Sheriff has authority
- Discriminate based on a protected class
Typical Florida Eviction Costs
Costs vary by county and case complexity. The figures below are typical ranges for a single-tenant residential case.
- Lost rent: typically 1-3 months depending on case length
- Property damages: may be recoverable in a separate damages action
- Re-keying / cleanup / re-listing: $200 - $1,000+ depending on unit condition
- Contested case premium: attorney fees can rise to $2,500-$5,000+ if the case proceeds to trial
What to Keep in Mind
- Florida's eviction laws are statewide, but county courts vary in scheduling speed and clerk procedures. Miami-Dade, Broward, and Hillsborough often run weeks longer than smaller counties.
- Documentation is everything. Keep copies of every notice, certified mail receipt, ledger, and communication with the tenant.
- Even a small error (wrong notice date, missing cents in the amount owed) can result in dismissal and a do-over from step one.
- Consider settlement alternatives: payment plans, cash-for-keys, or voluntary move-out agreements often resolve faster and cheaper than a contested case.
- Active military service members are protected under the Servicemembers Civil Relief Act — verify status before filing.
- Check city ordinances (Miami-Dade, Tampa, Orlando) for additional notice or relocation requirements that supplement state law.
Florida Resources
Official sources for statutes, court forms, and legal aid in Florida.
Need help with an eviction in Florida?
Possession Partner handles Florida evictions from notice through writ of possession — across all 67 Florida counties. Your team focuses on operations, we handle the legal process.
Disclaimer: This page provides general information about the eviction process in Florida. It is not legal advice. Florida eviction law (Fla. Stat. § 83) changes periodically, and procedures vary by county and city. Consult a licensed Florida attorney before initiating any eviction action. Information on this page is current as of 2026.