The eviction process in Florida runs on a strict sequence: a written notice to the tenant, a lawsuit filed in county court, formal service of the summons, a five-day response window, a judgment for possession, and finally a sheriff-executed writ that removes the tenant. From the first notice to physical removal, an uncontested case usually takes three to four weeks. Skip a step or botch the paperwork and the clock resets.
Step 1: Deliver the Right Written Notice
Nothing can be filed in court until the landlord has given the tenant written notice and the notice period has run out. The type of notice depends on why the landlord wants the tenant gone.
Three-Day Notice for Unpaid Rent
When rent is late, the landlord delivers a written demand stating the exact dollar amount of rent owed and the property address, giving the tenant three days to pay or vacate.1The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement The three days exclude Saturdays, Sundays, and court-observed legal holidays. A notice delivered on a Thursday runs out at the end of the following Tuesday.
Only “rent” belongs in the demand amount. The statute asks for the rent, so adding late fees, utility charges, or anything the lease labels “additional rent” gives the tenant a clean argument that the notice is defective.
Seven-Day Notice for Lease Violations
Other lease breaches call for a seven-day notice, in one of two forms. A curable violation (an unauthorized pet, for example) gets a notice describing the problem and offering seven days to fix it. If the tenant cures, the tenancy continues; if the same type of violation recurs within 12 months, the landlord can proceed without another cure period.2Florida Senate. Florida Code 83.56 – Termination of Rental Agreement
When the violation is severe or is itself a repeat within 12 months of a prior warning, the landlord may use an unconditional seven-day notice to vacate. The tenant has seven days to leave, with no option to cure.
Thirty-Day Notice to End a Month-to-Month Tenancy
Either party can end a month-to-month tenancy with at least 30 days’ written notice before the end of a monthly period.3The Florida Legislature. Florida Code 83.57 – Termination of Tenancy Without Specific Term If a fixed-term lease ends and the tenant stays without permission, that is a holdover; the landlord can recover possession and double the monthly rent for the holdover period.4The Florida Legislature. Florida Code 83.58 – Remedies; Tenant Holding Over
Notices can be hand-delivered, mailed, left at the residence if the tenant is absent, or sent by email where the lease authorizes it under Section 83.505.
Step 2: File the Eviction Complaint
If the notice period expires with no payment, cure, or move-out, the landlord files an eviction complaint in the county court for the county where the property sits.5The Florida Legislature. Florida Code 83.59 – Right of Action for Possession The complaint describes the property and lays out the facts justifying removal, and the landlord prepares a summons for each tenant named.
Filing fees run $185 for a possession-only eviction, plus $10 per summons.6Seminole County Clerk of the Circuit Court and Comptroller. Evictions Copy and Fee Requirements Chart Adding a claim for back rent and damages up to $15,000 raises the filing fee to $300.7Pasco County Clerk, FL. Landlord/Tenant Eviction Fees and Costs The fees are nonrefundable.
Step 3: Serve the Tenant
A county sheriff or licensed private process server delivers the summons and complaint. The first choice is personal service on the tenant, or substituted service on someone at least 15 years old at the tenant’s residence.8The Florida Legislature. Florida Code 48.031 – Service of Process Generally
If the tenant cannot be found after at least two attempts separated by a minimum of six hours, the server may post the summons and complaint in a visible place on the property. When service is by posting, the landlord supplies the clerk with two extra copies of the complaint and two prestamped envelopes so the clerk can mail copies to the tenant’s last known addresses. Service takes effect on the date of posting or mailing, whichever is later, and at least five days must pass before the court can enter a final judgment.
Step 4: The Tenant’s Five-Day Response Window
After service, the tenant has five days to respond, excluding weekends and legal holidays.9The Florida Legislature. Florida Code 83.60 – Defenses to Action for Rent or Possession This window decides a large share of eviction cases.
In a nonpayment case, any defense other than “I already paid” requires the tenant to deposit the full accrued rent into the court registry within those same five days, or file a motion contesting the amount owed. Missing the deposit is treated as a complete waiver of all defenses other than payment, and the landlord becomes entitled to an immediate default judgment and writ of possession with no further hearing. Tenants receiving public housing assistance or a rent subsidy only need to deposit the portion of rent they personally owe.
A tenant who answers on time and deposits rent can raise defenses, including that the landlord failed to maintain the unit to building, housing, and health code standards (with seven days’ prior written notice of the problem), or that the eviction is retaliatory for a code complaint, tenant organizing, or exercising fair housing rights.10The Florida Legislature. Florida Code 83.64 – Retaliatory Conduct If a notice has a technical defect, the court must give the landlord a chance to fix it before dismissing the case.
Step 5: Judgment and Writ of Possession
If the tenant does not respond, or the court rules for the landlord after a hearing, the judge enters a Final Judgment for Possession. The judgment confirms the landlord’s right to the property but does not by itself authorize anyone to touch the tenant’s belongings or change the locks.
The clerk then issues a writ of possession directing the sheriff to restore the property to the landlord after posting 24 hours’ notice on the premises.11The Florida Legislature. Florida Code 83.62 – Restoration of Possession to Landlord A Florida Attorney General opinion states that no clerk fee is authorized by statute for issuing the writ in a residential possession case.12Office of Attorney General. Fees and Writ of Possession The sheriff charges $90 to execute the writ: a $40 base service fee plus $50 for the seizure component.13Florida Senate. Florida Code 30.231 – Sheriffs Fees for Service of Summons, Subpoenas, and Executions
A deputy posts the writ, and the 24-hour clock runs continuously, uninterrupted by weekends or holidays. If the tenant is still there when the time runs out, the sheriff returns to physically remove anyone on the premises. At that point the landlord can change the locks and take control of the property.
What Landlords Cannot Do
Florida bars self-help evictions no matter how much rent is owed or how badly the lease has been breached. A landlord cannot:
- Shut off or interrupt utilities, including water, electricity, gas, or garbage collection
- Change the locks, install a boot lock, or otherwise block the tenant’s access
- Remove outside doors, windows, roof sections, or walls, except for legitimate maintenance
- Remove the tenant’s belongings from the unit before the lawful eviction is complete
A landlord who does any of these owes the tenant actual damages or three months’ rent, whichever is greater, plus attorney fees and court costs.14The Florida Legislature. Florida Code 83.67 – Prohibited Practices The penalty applies even when the tenant genuinely owes thousands in back rent. The court process is the only legal route.
After the Tenant Is Out
Two deadlines kick in once possession returns to the landlord.
For the security deposit, the landlord has 15 days to return the full deposit if no claim will be made against it. To keep part or all of it for unpaid rent or damages, the landlord must send written notice by certified mail within 30 days specifying the amount and reason.15The Florida Legislature. Florida Code 83.49 – Deposit Money or Advance Rent; Duty of Landlord and Tenant Missing the 30-day deadline forfeits any claim against the deposit, though the landlord can still sue separately for damages. The tenant then has 15 days to object in writing; without an objection, the landlord can deduct the claimed amount and return any balance within 30 days of the original notice.
For personal property left behind, the answer depends on the lease. If the lease includes the specific statutory language relieving the landlord of responsibility for stored or abandoned property, no further notice is required.14The Florida Legislature. Florida Code 83.67 – Prohibited Practices Without that clause, the landlord must follow Section 715.104: written notice to the tenant describing the property, saying where it can be claimed, and giving at least 10 days (if delivered in person) or 15 days (if mailed) before disposal.16The Florida Legislature. Florida Code 715.104 – Notification of Former Tenant of Personal Property Remaining on Premises The notice goes to the tenant’s last known address and to any other address where the tenant might realistically be reached.
Active-Duty Military Tenants
If the tenant is an active-duty servicemember or a servicemember’s dependent, the federal Servicemembers Civil Relief Act adds protections on top of state law. A landlord cannot evict a protected servicemember from a primary residence without a court order, as long as the monthly rent is below an annually adjusted threshold (a $2,400 base set in 2003, increased each year by a housing cost index).17Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress If military service materially affects the tenant’s ability to pay, the court must stay the eviction for at least 90 days on request, and can adjust rent to balance both sides. Knowingly evicting a protected servicemember without a court order is a federal misdemeanor punishable by up to one year in jail. Florida law separately bars landlords from discriminating against servicemembers in lease terms.14The Florida Legislature. Florida Code 83.67 – Prohibited Practices