The complete step-by-step eviction process in Florida -- from serving the required notice through obtaining the Writ of Possession. Written by landlord-side eviction attorneys with 18+ years of Florida court experience.
To evict a tenant in Florida, a landlord must: (1) serve the correct written notice under Florida Statute 83.56, (2) wait for the notice period to expire, (3) file a Complaint for Eviction in county court, (4) have the tenant served with a summons, (5) obtain a Final Judgment for Possession, and (6) have the sheriff execute a Writ of Possession. An uncontested eviction typically takes 3 to 5 weeks. A single procedural error at any step can result in case dismissal.
Florida law does not allow a landlord to evict a tenant without a valid legal reason. The most common grounds are nonpayment of rent, violation of a lease term, and holdover tenancy (remaining after the lease expires).
The grounds you choose determine which notice is required. Selecting the wrong notice type is one of the most common -- and costly -- mistakes landlords make. A court will dismiss a nonpayment eviction served with a lease-violation notice, and the landlord must start over.
Other valid grounds include material damage to the property, criminal activity on the premises, unauthorized occupants or pets (where the lease prohibits them), and failure to maintain the unit in a habitable condition as required.
Fla. Stat. 83.56The notice must be in writing and must strictly comply with Florida Statute 83.56. The type of notice depends on the grounds for eviction:
3-Day Notice to Pay or Vacate: Required for nonpayment of rent. Must state the exact rent amount owed (do not include late fees unless the lease expressly authorizes adding them to the notice), the property address, and where the tenant can deliver payment. The notice period is 3 business days, excluding Saturdays, Sundays, and Florida legal holidays.
7-Day Notice to Cure or Vacate: Used for curable lease violations -- unauthorized pets, unauthorized occupants, or other violations the tenant can remedy. The tenant has 7 days to correct the violation or vacate.
7-Day Unconditional Notice to Vacate: Used for non-curable violations or when the tenant has received three or more 3-day notices within the preceding 12 months. The tenant has 7 days to vacate with no option to cure.
30-Day Notice to Terminate: Used to terminate a month-to-month tenancy. Florida Statute 83.57 sets the minimum at 15 days, but 30 days is the standard practice for residential landlords and is required for any property covered by the federal CARES Act. The notice must be received at least 30 days before the end of the current rental period. Section 8 / Housing Choice Voucher tenants require a minimum 60-day written notice under HUD regulations before termination, regardless of the lease term. Failure to provide the longer notice period invalidates the termination.
Service of the notice can be made by hand delivery to the tenant, by leaving the notice with an adult member of the household, or by posting the notice on the front door and mailing a copy to the tenant at the property address. The method of service must be documented.
Fla. Stat. 83.56 | Fla. Stat. 83.57This step is strictly observed by Florida courts. The landlord cannot file the eviction complaint until the notice period has fully expired. For a 3-day notice, the period begins the day after service -- not the day of service -- and counts only business days.
For example, if a 3-day notice is served on a Wednesday, Day 1 is Thursday, Day 2 is Friday, and Day 3 is the following Monday (assuming no holidays). The complaint cannot be filed until Tuesday at the earliest.
Filing prematurely is a common error that results in dismissal. The court will not simply continue the case -- the landlord must re-serve a new notice and restart the count.
If the tenant pays the full amount owed during a 3-day notice period, the landlord must accept the payment and the eviction for that notice cycle cannot proceed. If only a partial payment is tendered, the landlord may refuse it and proceed.
Fla. Stat. 83.56(3)Once the notice period expires without compliance or payment, the landlord files a Complaint for Eviction (also called an unlawful detainer complaint) in the county court where the rental property is located.
In Miami-Dade County, file at the Miami-Dade County Court, Civil Division. In Broward County, file at the Broward County Courthouse in Fort Lauderdale.
The complaint must identify the parties, describe the property, state the grounds for eviction, and allege that the proper notice was served and the notice period has expired. Attach a copy of the notice and the lease agreement (or relevant portions).
Pay the filing fee at the time of filing. The clerk then issues a summons directed to the tenant. Florida eviction cases are governed by summary procedure under Florida Statute 51.011, which means they move faster than standard civil cases.
Fla. Stat. 83.59 | Fla. Stat. 51.011The summons must be formally served on the tenant by the county sheriff or a certified process server. The summons notifies the tenant that an eviction action has been filed and informs the tenant of the deadline to respond.
Under Florida summary eviction procedure, the tenant has 5 business days from the date of service to file a written response with the court. This is shorter than the 20-day response window in standard civil cases.
If the tenant cannot be personally served, the process server may serve by posting the summons on the front door of the property (constructive service). The case then proceeds from the date of posting.
Fla. Stat. 48.183 | Fla. Stat. 51.011This step applies specifically to evictions based on nonpayment of rent. If the tenant files a written answer to the complaint, Florida Statute 83.60(2) requires the tenant to simultaneously deposit the amount of rent claimed in the complaint into the court registry.
The deposit must be made within 5 business days of filing the answer. If the tenant files an answer but fails to deposit, the landlord should immediately file a Motion to Strike Defendant's Defenses and for Default, and request a hearing. Courts routinely grant this motion and enter judgment for the landlord.
This registry requirement is a powerful tool for landlords in nonpayment cases. Many tenants who file answers fail to make the required deposit, resulting in automatic judgment without the need for a hearing.
Fla. Stat. 83.60(2)If the tenant does not answer the complaint within 5 business days, the landlord files a Motion for Default with the clerk and then a Motion for Default Final Judgment. The court enters a Final Judgment for Possession without requiring a hearing.
If the tenant answers and complies with the registry requirement, the court schedules an eviction hearing. At the hearing, both parties present their positions. The judge issues the Final Judgment for Possession if the landlord prevails.
The Final Judgment is the court's legal determination that the landlord is entitled to regain possession of the property. It is the prerequisite for the Writ of Possession.
In uncontested cases with no tenant response, the time from filing to Final Judgment is typically 7 to 14 days.
Fla. Stat. 83.62After the Final Judgment is entered, the landlord requests the clerk to issue a Writ of Possession. The writ is directed to the county sheriff and authorizes physical removal of the tenant from the property.
The sheriff delivers the writ to the property and posts a 24-hour notice informing the tenant that the writ will be enforced the following day. The landlord or a representative must be present when the sheriff returns to execute the writ.
Once the writ is executed, the tenant is removed from the property and the landlord has lawful possession. The landlord may then change the locks. Any personal property left behind by the tenant must be handled in accordance with Florida Statute 83.62 and applicable abandoned property laws.
From Final Judgment to writ execution, the process typically takes an additional 3 to 10 days, depending on the sheriff's scheduling.
Fla. Stat. 83.62 | Fla. Stat. 83.625Used when the tenant has failed to pay rent. The notice must state the exact amount of rent owed, not including fees or charges unless the lease specifically authorizes their inclusion. The 3-day period excludes Saturdays, Sundays, and Florida legal holidays. If the tenant pays in full during the notice period, the eviction cannot proceed for that notice cycle. Governed by Florida Statute 83.56(3).
Used when the tenant has violated a lease term that can be corrected -- unauthorized pets, unauthorized occupants, excessive noise, or other curable violations. The tenant has 7 days to either fix the violation or vacate. If the tenant cures the violation within 7 days, the eviction cannot proceed. The same violation occurring within 12 months entitles the landlord to a non-curable notice. Governed by Florida Statute 83.56(2)(b).
Used for non-curable lease violations -- destruction of property, criminal activity on the premises, or violations that cannot be remedied. Also used when the tenant has received 3 or more 3-day notices within the prior 12 months, regardless of payment. The tenant has 7 days to vacate with no option to cure. Governed by Florida Statute 83.56(2)(a).
Used to terminate a month-to-month tenancy without cause. The notice must be received by the other party at least 30 days before the end of the current rental period. Section 8 / Housing Choice Voucher tenants require a minimum 60-day written notice under HUD regulations. If the tenant remains after the tenancy terminates, the landlord proceeds with a holdover eviction. Governed by Florida Statute 83.57 and applicable HUD regulations.
The 3-day, 7-day, 30-day (or 60-day for Section 8) notice period begins the day after service. Document the method and date of service.
Once the notice period expires without compliance, the complaint can be filed. The clerk issues the summons.
The tenant has 5 business days from service to file a written response.
If the tenant does not respond, the landlord immediately files for default judgment. In nonpayment cases where the tenant responds without a registry deposit, file a Motion to Strike.
The court enters judgment. The landlord requests the Writ of Possession from the clerk.
The sheriff posts 24-hour notice and returns to remove the tenant. The landlord regains possession and may change the locks.
Including late fees, utility charges, or any amount beyond the rent stated in the lease invalidates the notice. Courts dismiss cases where the notice amount is incorrect. The amount must match exactly what the lease defines as rent.
Counting the day of service as Day 1 is a common error. The count begins the day after service. Filing even one day early results in dismissal. The landlord must re-serve a new notice and restart the process.
Sliding the notice under a door, emailing it, or texting a photo of it does not constitute valid service under Florida law. The notice must be personally delivered, left with an adult household member, or posted on the front door with a copy mailed to the tenant.
Changing the locks, removing the tenant's belongings, or cutting off utilities before a Writ of Possession is issued violates Florida Statute 83.67. The landlord can face liability for actual damages plus up to 3 months' rent.
Accepting any rent payment after filing an eviction may waive the right to evict for that nonpayment period. Once a case is filed, discuss any payment with an attorney before accepting money from the tenant.
Serving a lease-violation notice when the grounds are nonpayment -- or vice versa -- requires starting the entire process over. Each type of eviction has a specific required notice, and using the wrong one voids the case.
An uncontested Florida eviction typically takes 3 to 5 weeks from the filing of the complaint to execution of the Writ of Possession. The 3-business-day notice period must expire before filing. If the tenant does not answer the complaint, a default judgment is entered within a few days of the response deadline. Contested cases where the tenant files an answer and deposits rent into the court registry can take 6 to 12 weeks depending on court scheduling and whether the tenant complies with the registry requirement.
The first step is to serve the tenant a written notice that complies with Florida Statute 83.56. For nonpayment of rent, this is a 3-Day Notice to Pay Rent or Vacate. The notice must state the exact amount of rent owed, the property address, and where the tenant can pay. A defective notice requires starting the process over from the beginning. Many landlords engage an attorney at this stage to ensure the notice is correct before service.
Florida law allows landlords to represent themselves in eviction proceedings, but procedural errors are common and can result in case dismissal. Incorrect notice amounts, improper service, missing deadlines, or defective complaints can require starting the process over -- costing weeks of additional time and lost rent. Most landlords find that an attorney's flat fee costs less than the lost rent from delays caused by procedural errors.
Florida Statute 83.56(3) requires a 3-Day Notice to Pay Rent or Vacate. The notice must include the exact amount of rent owed (excluding late fees unless the lease specifically authorizes them in the notice), the property address, the rental period the amount covers, and the name and address where the tenant can deliver payment. The 3-day period excludes Saturdays, Sundays, and Florida legal holidays.
Under Florida Statute 83.60(2), when a tenant files a written answer to a nonpayment eviction complaint, the tenant must simultaneously deposit the rent amount claimed in the complaint into the court registry within 5 business days. If the tenant fails to make this deposit, the landlord files a Motion to Strike Defenses and the court enters default judgment. This requirement is one of the most powerful tools for landlords in nonpayment evictions.
No. Florida Statute 83.67 strictly prohibits self-help evictions. A landlord cannot change the locks, remove doors or windows, cut off utilities, or take any action to deprive the tenant of possession without a court-issued Writ of Possession executed by the sheriff. Self-help evictions expose the landlord to liability for actual and consequential damages plus up to 3 months' rent in statutory damages. Only the sheriff may legally remove a tenant from possession.
A Writ of Possession is a court order issued after a Final Judgment for Possession is entered in the landlord's favor. The writ authorizes the county sheriff to remove the tenant and restore possession of the property to the landlord. The sheriff posts a 24-hour notice at the property and then returns to execute the writ. The landlord or representative must be present. Once executed, the landlord has lawful possession and may change the locks and secure the property.
If the tenant contests a nonpayment eviction by filing an answer, Florida Statute 83.60(2) requires the tenant to deposit the claimed rent into the court registry and continue depositing rent monthly as it comes due while the case is pending. Failure to maintain the deposits results in the court striking the tenant's defenses and entering judgment for the landlord. This prevents tenants from using the court process to live rent-free during litigation.
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