🌴 Florida Eviction Process
Step-by-Step Guide — 3-Day Notice, County Court Filing, Eviction Hearing & Writ of Possession Under Florida Landlord-Tenant Law
⚖️ Updated • Florida Statute Chapter 83📑 Table of Contents
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🔍 Overview of Florida Eviction Law
Florida’s eviction process is governed by Florida Statute § 83.40–83.683 (Part II — Residential Tenancies). Florida is generally considered a more landlord-friendly state than California or New York, with relatively short notice periods and a streamlined court process — but strict technical compliance is still required. Any defect in the notice or filing can result in dismissal and force you to start over in . 🏠
Watch OverviewFlorida does not have statewide rent control (preempted by state law) or a just cause eviction requirement for most properties. This means landlords can terminate month-to-month tenancies with proper notice without stating a reason, giving Florida landlords significant flexibility compared to many other states. 📋
⚠️ Self-Help Eviction Is Illegal in Florida
Changing locks, removing doors, cutting off utilities, or removing tenant belongings to force a move-out is illegal under Fla. Stat. § 83.67. Landlords face liability for actual and consequential damages, plus 3 months’ rent or actual damages (whichever is greater) as a penalty. Always use the court process.
⚖️ Legal Grounds for Eviction in Florida
💰 Nonpayment of Rent
- 3-Day Notice to Pay or Vacate required
- Most common eviction ground in Florida
- Excludes weekends and legal holidays from the 3-day count
- Notice must state the exact amount owed
📋 Lease Violation
- 7-Day Notice to Cure or Vacate (curable violations)
- 7-Day Unconditional Quit (incurable violations)
- Must specifically describe the violation
- Repeat violations within 12 months: unconditional quit
🏠 End of Tenancy
- 15-Day Notice for week-to-week tenancies
- 15-Day Notice for month-to-month tenancies
- No just cause required to terminate
- Must be given before start of next rental period
⚠️ Incurable Violations
- Intentional destruction of property
- Unreasonable disturbance of neighbors
- Criminal activity on premises
- 7-Day Unconditional Quit — no cure offered
📋 Required Florida Eviction Notices
| Situation | Notice Type | Period |
|---|---|---|
| Nonpayment of rent | 3-Day Notice to Pay or Vacate | 3 days (excl. weekends & holidays) |
| Curable lease violation | 7-Day Notice to Cure or Vacate | 7 days |
| Incurable violation | 7-Day Unconditional Quit Notice | 7 days |
| Month-to-month termination | 15-Day Notice to Vacate | 15 days before end of rental period |
| Week-to-week termination | 7-Day Notice to Vacate | 7 days |
| Annual lease (non-renewal) | 60-Day Notice | 60 days before lease end |
⚠️ 3-Day Notice — Count Only Business Days
Florida’s 3-day notice does not count Saturdays, Sundays, or legal holidays. A notice served on a Thursday means the earliest the 3-day period expires is the following Tuesday (skipping Saturday and Sunday). Getting this count wrong invalidates the notice — recount carefully every time.
🏛️ Filing in Florida County Court
After the notice period expires without compliance, file a Complaint for Eviction in the County Court of the county where the property is located. Florida County Courts have jurisdiction over all eviction actions regardless of the rent amount. Required documents:
- Complaint for Eviction (Form 66 or attorney-drafted)
- Copy of the lease (or statement that tenancy is oral)
- Copy of the notice served on the tenant
- Proof of service of the notice
- Filing fee ($185–$400 depending on amount claimed)
📬 Serving the Tenant in Florida
- Personal Service — Sheriff or process server delivers summons directly to the tenant. Preferred method.
- Substituted Service — Leaving with any person 15 or older at the residence, plus mailing.
- Posting — If personal and substituted service fail, posting on the door plus mailing. Requires court order in some circuits.
The tenant has 5 business days after service to file a written response with the court. 📬
⚖️ The Florida Eviction Hearing
If the tenant files a response, the court schedules a hearing — typically within 10–20 days. If the tenant does not respond within 5 business days, the landlord can file for a default judgment. Common Florida tenant defenses:
- Notice was defective (wrong day count, wrong amount)
- Rent was tendered and refused
- Landlord accepted rent after notice (waiver)
- Retaliatory eviction (§ 83.64)
- Habitability defense (§ 83.60)
- Discriminatory eviction
💡 Florida’s “Pay and Stay” Defense
Florida law allows a tenant to deposit the disputed rent amount into the court registry when a habitability defense is raised. This prevents a default judgment while the habitability claim is evaluated. Landlords should be aware of this defense — it can delay the process if the unit has any code violations.
🔑 Writ of Possession in Florida
After winning a judgment for possession, the court clerk issues a Writ of Possession. The landlord delivers this to the Sheriff’s office with a fee. The Sheriff serves a 24-hour notice on the unit. If the tenant does not vacate within 24 hours, the Sheriff returns and supervises the landlord changing the locks and removing the tenant’s belongings to the property line. 🔑
⏱️ Florida Eviction Timeline
💰 Cost of Eviction in Florida
| Cost Category | Estimated Range |
|---|---|
| Court filing fees | $185–$400 |
| Process server / Sheriff service | $40–$100 |
| Attorney fees (uncontested) | $300–$900 |
| Attorney fees (contested) | $1,200–$4,000+ |
| Sheriff writ execution | $90–$150 |
| Lost rent (1–2 months typical) | $1,000–$6,000+ |
| Total Typical Range | $2,000–$12,000+ |
🛡️ Prevent Florida Evictions With Better Screening
Florida’s streamlined eviction process is still costly and stressful. The best eviction is the one you never file. Comprehensive tenant screening — credit, eviction history, criminal background, income verification — catches problem applicants before they move in.
Screen Tenants Now →❓ Frequently Asked Questions
No. Florida law requires a court judgment before you can remove a tenant. Self-help eviction (changing locks, removing belongings, cutting utilities) is illegal and exposes you to significant liability under § 83.67.
No. Florida does not have a statewide just cause eviction requirement. A landlord can terminate a month-to-month tenancy with 15 days notice without stating a reason, as long as the termination is not retaliatory or discriminatory.
If the tenant pays the full amount stated in the notice within the 3-day period, you must accept the payment and cannot proceed with eviction for that nonpayment. If they pay only part, you are not required to accept partial payment.
Florida’s landlord-tenant statute allows recovery of attorney’s fees by the prevailing party in certain circumstances. A well-drafted lease can also include an attorney’s fees provision. Ask your attorney about fee recovery when filing.
⚠️ Legal Disclaimer: Florida eviction law requires strict technical compliance. This guide provides general information as of and is not legal advice. Consult a Florida licensed attorney before filing eviction proceedings.
