The Florida eviction process requires a landlord to serve a written statutory notice, wait out the notice period, file a lawsuit in county court under summary procedure, and obtain a writ of possession that the sheriff enforces. Landlords cannot change locks, cut utilities, or physically remove tenants on their own. Depending on the reason, the notice period ranges from three business days for unpaid rent to thirty days to end a month-to-month tenancy, and the tenant has only five business days after being served to respond before the case can be decided by default.
What the Process Looks Like Start to Finish
Every lawful eviction in Florida moves through the same gates in the same order. The landlord delivers a written notice. The notice period runs. If the tenant hasn’t paid, cured the violation, or moved out, the landlord files a complaint with the county court. The tenant is served and has five business days to answer. If the tenant doesn’t answer, or doesn’t deposit disputed rent into the court registry, the court enters a final judgment. The clerk issues a writ of possession, the sheriff posts a twenty-four-hour notice on the door, and after that window the sheriff returns to put the landlord back in possession.
Each step has its own rules, and skipping or botching one can send the case back to the beginning.
The Written Notice That Starts Everything
The notice is not a formality. The entire case rests on it, and the type of notice depends on why the landlord wants the tenant out.
Three-Day Notice for Unpaid Rent
When rent is late, the landlord serves a three-day notice demanding payment or possession. The three days exclude Saturdays, Sundays, and court-observed holidays, so the real calendar window usually runs five or six days.1The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement The notice must state the exact amount owed, the rental address, and the landlord’s name, address, and phone number.
Only rent belongs on the notice. Late fees, utility charges, and other costs can be included only if the written lease specifically designates them as “rent” or “additional rent.” Inflating the three-day notice with charges that don’t qualify is one of the most common landlord mistakes, and it hands the tenant grounds to challenge the whole eviction.
Seven-Day Notice for Lease Violations
For lease violations other than nonpayment, the notice runs seven days. Florida splits violations into those a tenant can cure and those they can’t.1The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement Curable issues include unauthorized pets, unapproved guests, or parking violations; the tenant has seven days to fix the problem. If the same type of violation recurs within twelve months after a written warning, the landlord can treat it as noncurable.
Noncurable violations, such as intentional property damage or continued unreasonable disturbances, let the landlord terminate outright with seven days’ notice to vacate.
Thirty-Day Notice to End a Month-to-Month Tenancy
A landlord ending a month-to-month tenancy without cause must give at least thirty days’ written notice before the end of a monthly period.2The Florida Legislature. Florida Code 83.57 – Termination of Tenancy Without Specific Term If rent is due on the first, a notice delivered on March 15 ends the tenancy at the end of April, not April 15. Tenants who want to leave follow the same rule.
How Notices Are Delivered
Florida allows four delivery methods: mailing, hand delivery, email if the parties have agreed to electronic communication under Florida Statute 83.505, or leaving a copy at the residence when the tenant isn’t home.1The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement Whichever method is used, keep proof. A tenant who claims no notice ever arrived can derail the case unless the landlord has evidence of delivery.
Federal Rules That Can Change the Timeline
Two federal statutes override Florida’s shorter timelines in specific situations, and missing them can get an eviction thrown out.
Properties with federally backed mortgages or that participate in federal housing assistance programs are “covered dwellings” under Section 4024 of the CARES Act. For these properties, nonpayment evictions require at least thirty days’ notice to vacate instead of the state’s three days. As of early 2026, this requirement remains in effect.3Federal Register. Rescinding 30-Day Notification Requirements Related to Eviction Based on Nonpayment of Rent in Multi-Family Housing Direct Properties Many landlords with FHA-insured or Fannie Mae/Freddie Mac-backed loans don’t realize they qualify.
Before any default judgment, the landlord must file an affidavit stating whether the tenant is on active military duty, or stating that military status could not be determined. This comes from the Servicemembers Civil Relief Act and applies in every eviction where the tenant doesn’t appear.4Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments Courts stall the case without it.
Filing the Lawsuit and Serving the Tenant
Once the notice period runs out without compliance, the landlord files a complaint for eviction in county court. The complaint names the parties, describes the property, states the grounds, and attaches the lease (or describes the oral agreement) along with a copy of the notice. Every adult occupant should be named; missing one can mean the final judgment doesn’t apply to that person.
The filing fee for a residential eviction is $180.5The Florida Legislature. Florida Code 34.041 – Filing Fees for Trial and Appellate Proceedings The clerk issues a summons that must be formally served. Sheriff service costs $40 per summons;6The Florida Legislature. Florida Code 30.231 – Service of Process; Fees private process servers typically charge $65 to $95. The server delivers the complaint and summons to the tenant personally or leaves copies at the tenant’s residence with someone at least fifteen years old.7Florida Senate. Florida Code 48.031 – Service of Process Generally If the tenant can’t be found after diligent attempts, the server may post the documents on the property.
The Tenant’s Five Business Days to Respond
Florida evictions follow summary procedure, an expedited track.8Florida Senate. Florida Code 51.011 – Summary Procedure After being served, the tenant has five days (excluding Saturdays, Sundays, and legal holidays) to file a written answer with the court. The practical window is roughly one calendar week.
Here’s the trap that costs most tenants their case. If the tenant wants to raise any defense other than “I already paid,” they must also deposit the full amount of rent claimed in the complaint into the court registry during that same five-day window.9The Florida Legislature. Florida Code 83.60 – Defenses to Action for Rent or Possession Tenants in public housing or receiving rent subsidies deposit only their own share. A tenant who believes the amount is overstated can file a motion asking the court to set the correct figure, but needs documentation.
Miss the deposit, and every defense other than payment is wiped out. The landlord asks the clerk for a default, and judgment follows without a hearing.
Defenses a Tenant Can Raise
Tenants who answer on time and deposit the required rent have real options.
Defective notice. The most common defense. If the three-day notice overstates the rent, lumps in charges that don’t qualify as rent, omits the landlord’s contact information, or was delivered improperly, courts regularly dismiss the case.
Retaliation. Florida prohibits eviction, rent increases, or service reductions primarily in retaliation for a tenant’s lawful acts, such as complaining to a government agency about code violations.10Florida Senate. Florida Code 83.64 – Retaliatory Conduct A tenant who filed a health complaint and then got an eviction notice can plead this as an affirmative defense.
Reasonable accommodation under the Fair Housing Act. When a lease violation is connected to a disability, federal law may require the landlord to grant a reasonable change to rules or policies instead of evicting.11Office of the Law Revision Counsel. 42 USC 3604 – Discrimination in the Sale or Rental of Housing The tenant doesn’t need legal terminology, and the request can be made any time before the court enters a judgment for possession. Landlords are not required to accommodate conduct that genuinely threatens the safety of others or would cause substantial property damage.
Bankruptcy automatic stay. A tenant who files for bankruptcy before the landlord obtains a judgment for possession triggers an automatic stay that halts the eviction. Landlords can move to lift the stay, and bankruptcy courts routinely grant those motions in eviction cases. If the tenant filed another bankruptcy within the previous year, the stay may be limited to thirty days or may not apply at all.
Judgment, Writ of Possession, and the Sheriff
Once the response period passes without a proper answer, or the court rules for the landlord after hearing the defenses, the court enters a final judgment for possession. The clerk issues a writ of possession directing the sheriff to remove the tenant.12Florida Senate. Florida Code 83.62 – Restoration of Possession to Landlord
The sheriff posts a twenty-four-hour notice on the property. Weekends and holidays do not pause this clock. After twenty-four hours, the sheriff returns, physically removes the tenant if they’re still there, and turns possession over to the landlord.13The Florida Legislature. Florida Code 83.62 – Restoration of Possession to Landlord At that point the landlord can change the locks.
Belongings Left Behind
If the tenant leaves personal property in the unit, the landlord must follow Florida Statute 715.104. Written notice to the former tenant describes the property, states where it can be claimed, and sets a deadline that is at least ten days after personal delivery or fifteen days after mailing.14The Florida Legislature. Florida Code 715.104 – Notification of Former Tenant of Personal Property Remaining on Premises Reasonable storage costs can be charged. Skipping this process exposes the landlord to liability for whatever gets thrown out.
After Possession: Unpaid Rent and the Security Deposit
Getting the property back and getting paid are two different things. A judgment for possession doesn’t by itself award money.
The cleanest approach is to include a claim for unpaid rent and damages in the original complaint. If the tenant defaults, the landlord asks for both a judgment for possession and a separate money judgment, supported by an affidavit, the lease, and payment records. If money wasn’t claimed up front, a separate civil action may be needed, adding time and cost. A money judgment is a legal recognition of what’s owed; actually collecting through wage garnishment or bank levies takes additional filings.
Florida’s security deposit rules still apply after an eviction. If the landlord isn’t claiming any part of the deposit, it must be returned within fifteen days of the tenant vacating. If the landlord intends to withhold some or all of it, written notice must go to the tenant within thirty days explaining the amount and the reason. Missing the thirty-day deadline forfeits the claim.15Florida Department of Agriculture and Consumer Services. Landlord/Tenant Law in Florida The tenant then has fifteen days to object in writing. If no objection arrives, the landlord deducts the claimed amount and returns any balance within thirty days. An eviction does not automatically entitle the landlord to keep the full deposit.
What Landlords Cannot Do
Florida bans self-help eviction. Changing the locks, shutting off utilities, removing doors or windows, or blocking access to the unit is illegal no matter how much rent is owed or how serious the lease violation.16Florida Senate. Florida Code 83.67 – Prohibited Practices
A landlord who does any of these things is liable to the tenant for actual and consequential damages or three months’ rent, whichever is greater, plus court costs and attorney’s fees.16Florida Senate. Florida Code 83.67 – Prohibited Practices Landlords frustrated by how long the court process takes sometimes try these shortcuts, and they almost always end up paying more than the formal eviction would have cost.