Florida's eviction process for residential rentals is set by the Florida Residential Landlord and Tenant Act, Chapter 83, Part II of the Florida Statutes. It moves quickly, and small mistakes can cost either side time and money. Here is the basic path a residential eviction follows.
Step 1: The notice
Most evictions start with a written notice from the landlord to the tenant.
- 3-day notice for unpaid rent. The notice demands the rent or possession of the unit within 3 days, not counting Saturdays, Sundays and legal holidays.
- 7-day notice for other lease violations. Some violations can be fixed (cured) within 7 days. Others, such as intentional damage or repeated violations, allow the landlord to end the lease after 7 days without a chance to cure.
- Ending a month-to-month tenancy. Either side can end it with written notice at least 30 days before the end of a monthly rental period.
The notice must follow the statute's requirements. A defective notice can get the case dismissed and send the landlord back to the start.
Step 2: The eviction lawsuit
If the tenant doesn't pay, cure or move out, the landlord files an eviction complaint in county court. The tenant is formally served with the complaint and a summons.
Step 3: The tenant's 5 days to respond
The tenant generally has 5 days, not counting weekends and legal holidays, to file a written response with the court. In a case about unpaid rent, the tenant usually must also deposit the rent the landlord claims into the court registry, or ask the court to decide the amount. A tenant who doesn't respond, or doesn't deposit the rent when required, can lose the case without a hearing.
Step 4: Judgment and the writ of possession
If the landlord wins, the court enters a judgment, and the clerk issues a writ of possession. The sheriff posts the writ at the property, giving the tenant 24 hours' notice before the landlord can take back the unit.
What landlords can't do
Florida law prohibits "self-help" evictions. A landlord can't change the locks, shut off utilities or remove a tenant's belongings to force them out without a court order. Doing so can make the landlord liable for damages.
Tips for both sides
- Landlords: use the right notice, fill it out correctly and keep proof of how and when it was delivered.
- Tenants: don't ignore court papers. Deadlines are short, and missing one can mean losing the case.
- Both: keep copies of the lease, payment records, messages and photos of the unit.
This article is general information about residential evictions under Florida law, not legal advice. Commercial evictions follow different rules. Every case is different, and reading this doesn't create an attorney-client relationship.