The Florida eviction process is a court-run sequence governed by Chapter 83 of the Florida Statutes: deliver the correct written notice, file a complaint in county court, serve the tenant, obtain a judgment, and have the sheriff execute a writ of possession.1The Florida Legislature. Florida Code Chapter 83 – Landlord and Tenant Skipping a step gets the case dismissed, and taking matters into your own hands — changing locks, cutting utilities, hauling out belongings — exposes you to damages that dwarf the cost of doing it right.
Step 1: Deliver the Correct Written Notice
Every eviction starts with a written notice, and the type depends on why you want the tenant out. Using the wrong form is one of the quickest ways to lose.
Three-Day Notice for Nonpayment of Rent
When rent is late, you deliver a three-day notice demanding payment or possession. The three days exclude Saturdays, Sundays, and court-observed holidays.2The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement The notice must state the exact dollar amount of rent owed, identify the property, and follow the form in the statute. Do not fold in late fees unless the lease explicitly defines them as additional rent; inflating the figure gives the tenant a defense. If the tenant pays in full within the three days, the matter ends there.
Seven-Day Notice to Cure
For fixable lease violations — unauthorized pets, improper parking, keeping the unit unsanitary — you deliver a seven-day notice giving the tenant a chance to correct the problem. If they fix it within seven days, the eviction stops.2The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement
Seven-Day Notice to Vacate (No Cure)
Some violations are serious enough that the tenant gets no second chance. Intentional property destruction, repeated disturbances, and a repeat of the same violation within twelve months of a written warning fall here. The seven-day notice goes out with no option to cure.2The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement
Ending a Month-to-Month Tenancy
Either side can end a month-to-month tenancy with at least 30 days’ written notice before the end of a monthly rental period.3The Florida Legislature. Florida Code 83.57 – Termination of Tenancy Without Specific Term No reason is required. If the tenant stays past the notice period, you can file.
Federally Backed Housing: Extra 30-Day Notice
If the property has a federally backed mortgage or participates in a federal housing assistance program, the CARES Act requires a separate 30-day notice to vacate before you file a nonpayment eviction, and that requirement has no sunset date.4Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments The CARES notice can be given on the day rent is due, but it runs separately from the Florida three-day notice. Skip it on a covered property and the eviction can be dismissed.
Step 2: File the Eviction Complaint
Once the notice period runs out and the tenant has not complied, you file a complaint for eviction with the county court where the property sits.5The Florida Legislature. Florida Code 83.59 – Right of Action for Possession
The complaint names every adult occupant, describes the property, states the legal ground for eviction, and specifies any unpaid rent. Attach the written lease. If the tenancy was oral, say so in the complaint. Little details matter here. A misspelled name, the wrong unit number, or a rent figure padded with charges the lease doesn’t define as rent each hand the tenant an opening.
The base filing fee for a residential eviction runs about $185, with slight variation by county.6Hillsborough County Clerk of the Circuit Court. Fees and Fines The clerk also charges roughly $10 per summons for each defendant named.7Broward County Clerk of Courts. Create a Court Filing – Fees Florida uses an e-filing portal for most submissions; self-represented landlords can generally still file in person.
Step 3: Serve the Tenant
After filing, the clerk issues a summons for each tenant named. A process server or the county sheriff must personally deliver each summons. Personal service typically costs between $40 and $90 per tenant, depending on county and whether you use the sheriff or a private server.
If the process server cannot find the tenant at home after at least two attempts separated by six hours, the summons may be posted on a visible spot on the property.8The Florida Legislature. Florida Code 48.183 – Service of Process in Action for Possession of Premises Posting is a fallback that exists for eviction cases specifically, and it is valid only after personal service has genuinely been attempted.
Step 4: The Tenant’s Five-Day Window
Once served, the tenant has five days — excluding weekends and legal holidays — to respond. If the tenant wants to raise any defense beyond simply claiming rent was paid, the tenant must deposit the full amount of accrued rent alleged in the complaint into the court registry within that same five-day window, and any rent that comes due while the case is pending must be deposited as it accrues.9The Florida Legislature. Florida Code 83.60 – Defenses to Action for Rent or Possession
Failing to deposit the rent is treated as an absolute waiver of every defense except the claim that rent was actually paid. At that point you are entitled to an immediate default judgment and a writ of possession without any further hearing.9The Florida Legislature. Florida Code 83.60 – Defenses to Action for Rent or Possession If the tenant disputes the amount, the alternative is a motion asking the court to set the correct deposit, filed within the same five days.
Step 5: Hearing and Judgment
If the tenant files a timely answer and deposits rent into the registry, the judge sets a hearing. You typically come in with the lease, the notice, proof of service, and a rent ledger. The tenant may raise defenses such as failure to maintain the property, defects in the notice, or retaliatory conduct.
Florida law prohibits filing an eviction primarily in retaliation for a tenant’s protected actions, such as reporting housing code violations, joining a tenant organization, or exercising rights under fair housing laws.10The Florida Legislature. Florida Code 83.64 – Retaliatory Conduct A tenant raising this defense must show different treatment from other tenants. The defense fails if you can prove the eviction was filed for a legitimate reason like genuine nonpayment or a real lease violation.
If you prevail, the judge signs a final judgment awarding possession. If you also sought back rent, the judgment includes a monetary award for the unpaid amount plus court costs.
Military Service Affidavit
Before any default judgment is entered, federal law requires you to file an affidavit stating whether the tenant is on active military duty. Under the Servicemembers Civil Relief Act, a court cannot enter a default against an active-duty servicemember without first appointing counsel to represent them.4Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments If you cannot determine the tenant’s military status, the court may require a bond before entering the default.
Step 6: Writ of Possession and Lockout
After the judge signs the final judgment, the clerk issues a writ of possession directing the sheriff to remove the tenant. The clerk’s fee for the writ is around $115, with county-level variation.11Miami-Dade County. Fees and Procedures for Court Services
The sheriff posts a 24-hour notice on the property, and weekends and holidays do not pause that countdown.12The Florida Legislature. Florida Code 83.62 – Restoration of Possession to Landlord If the tenant has not left after 24 hours, the sheriff returns and physically removes anyone still inside. At that point you or your agent can move the tenant’s personal property out to the property line and change the locks.
Once the sheriff executes the writ and the property is set outside, neither you nor the sheriff is liable for any loss or damage to that property.13The Florida Legislature. Florida Code 83.62 – Restoration of Possession to Landlord If you want the sheriff on scene during the lockout for safety, the sheriff’s office can charge a reasonable hourly standby rate.
What You Cannot Do: Self-Help Penalties
Florida law flatly bans landlords from working outside the court process. You cannot shut off water, electricity, gas, or any other utility to pressure the tenant out. You cannot change the locks, block access, or remove doors or windows. You cannot haul the tenant’s belongings out before a lawful eviction is complete.14The Florida Legislature. Florida Code 83.67 – Prohibited Practices
The penalty is steep. The tenant can recover actual damages or three months’ rent, whichever is greater, plus attorney’s fees and court costs, and each separate violation can trigger its own damages award. A court can also issue an injunction forcing immediate restoration of the tenant’s access, because any violation is treated as irreparable harm under the statute.14The Florida Legislature. Florida Code 83.67 – Prohibited Practices
After the Eviction: Property and Deposit
Belongings Left Behind
If the tenant leaves things behind, your obligations depend on the lease. When the lease contains the specific surrender-or-abandonment language matching the form required by statute, you are not required to store or preserve the property and face no liability for disposing of it.14The Florida Legislature. Florida Code 83.67 – Prohibited Practices
Without that lease language, you must send the former tenant written notice describing the property and stating where and by when it can be claimed. Personally delivered notice gives the tenant at least 10 days; mailed notice extends the deadline to at least 15 days.15The Florida Legislature. Florida Code 715.104 – Notification of Former Tenant of Personal Property Remaining on Premises You can charge reasonable storage costs before releasing the items. If no one claims the property by the deadline, items you reasonably believe are worth less than $500 in total resale value can be kept or discarded; property worth $500 or more must be sold at a public auction.16The Florida Legislature. Florida Code 715.109 – Sale or Disposition of Abandoned Property
Security Deposit
Winning an eviction does not automatically let you keep the deposit. If you have no claim against it, return the full amount within 15 days after the tenancy ends. If you do intend to claim part or all of it for unpaid rent or damages, send written notice by certified mail within 30 days of the tenancy’s termination, stating the exact amount claimed and the specific reasons.17The Florida Legislature. Florida Code 83.49 – Deposit Money or Advance Rent
The tenant has 15 days after receiving the notice to object in writing. If they do not object, you can deduct the claimed amount and return any balance within 30 days of your original notice. Miss the 30-day window to send the notice and you forfeit the right to claim against the deposit entirely, though you can still file a separate lawsuit for damages.17The Florida Legislature. Florida Code 83.49 – Deposit Money or Advance Rent
What an Eviction Typically Costs
Common out-of-pocket costs for an uncontested Florida eviction:
- Filing fee: approximately $185
- Summons issuance: about $10 per defendant
- Service of process: $40 to $90 per tenant, depending on county and whether you use the sheriff or a private server
- Writ of possession: around $115
- Sheriff standby during the lockout, if requested: hourly rate set by the local sheriff’s office
A straightforward eviction with one tenant usually runs between $350 and $450 in court and sheriff fees alone, before any attorney’s fees. Contested cases that reach a full hearing cost considerably more.