Eviction Process In Florida

Evicting a tenant in Florida means following Eviction action (tenant eviction under Chapter 83, Part II) in County Court exactly, start to finish. Skipping a step, whether it's the notice period, how the tenant is served, or the lockout procedure, can restart the clock or expose a management company to liability. This guide walks through each step with the statute or court rule behind it.

Everything below is sourced to Florida's own statutes and court self-help pages. Specific deadlines and dollar figures do change, so confirm the current text before you rely on a date in a live case.

Overview Of The Eviction Process

Florida residential evictions are governed by Florida Statutes Chapter 83, Part II, Residential Tenancies (§§83.40-83.683), and are filed in the county court of the county where the rental property is located.

• Residential tenancy evictions are governed by Florida Statutes Chapter 83, Part II (Residential Tenancies). (Fla. Stat. ch. 83, Part II)
• Eviction actions are filed in county court and are entitled to a summary procedure. (Fla. Stat. §83.59; §51.011)

Lawful Grounds For Eviction

Chapter 83 sets out nonpayment, curable and noncurable lease violations, and tenant-side termination for landlord noncompliance.

• Nonpayment of rent, when the default continues for the statutory notice period after written demand, is grounds for termination and eviction. (Fla. Stat. §83.56(3))
• Material noncompliance with the lease or with tenant obligations, curable within 7 days after notice, is grounds for termination if not cured. (Fla. Stat. §83.56(2)(b))
• Certain noncurable lease violations allow a 7-day notice to vacate without any opportunity to cure. (Fla. Stat. §83.56(2)(a))
• A tenant may terminate the tenancy for the landlord's material noncompliance with maintenance obligations after 7 days' written notice, if uncured; this is the tenant-side mirror provision in the same eviction/termination statute. (Fla. Stat. §83.56(1))

Notice Requirements

Notice periods and content are fixed by statute and vary with the type of default.

• For nonpayment of rent, a 3-day notice (excluding Saturdays, Sundays, and legal holidays) demanding rent or possession is required before filing. (Fla. Stat. §83.56(3))
• For a curable lease violation, a 7-day notice to cure or vacate is required. (Fla. Stat. §83.56(2)(b))
• For a noncurable violation, a 7-day unconditional notice to vacate is required. (Fla. Stat. §83.56(2)(a))
• Notices may be delivered by mailing, hand delivery, e-mail delivery consistent with §83.505, or, if the tenant is absent, by leaving a copy at the residence. (Fla. Stat. §83.56(4); §83.505)

Filing The Case

The complaint is filed in county court, with statewide Supreme Court approved forms available.

• The eviction complaint is filed in the county court of the county where the premises are situated. (Fla. Stat. §83.59)
• Florida Supreme Court approved statewide landlord-tenant forms exist for residential eviction complaints and the accompanying summons.

Serving The Tenant

Once filed, the eviction summons and complaint are served on the tenant under Florida's general civil service-of-process framework tied to the eviction statute.

• The eviction action, once filed under §83.59, proceeds as a summary procedure matter, with service of the summons and complaint required before the tenant's response period runs. (Fla. Stat. §83.59)

The Tenant's Response

A tenant contesting a nonpayment eviction must deposit accrued rent into the court registry or face an immediate default.

• To contest an eviction for nonpayment of rent, the tenant must pay the rent into the court registry, either with the answer or as later directed by the court. (Fla. Stat. §83.60(2); §83.232)
• If the tenant fails to comply with the rent-deposit requirement, the court must enter a default judgment for the landlord. (Fla. Stat. §83.60(2))

Hearing And Judgment

Eviction actions receive expedited summary-procedure handling toward judgment for possession.

• Eviction actions in county court are entitled to summary procedure, meaning expedited handling compared with ordinary civil actions. (Fla. Stat. §83.59; §51.011)
• If a landlord accepts full payment of rent past due with knowledge of the tenant's nonpayment breach, this waives the landlord's right to proceed with the eviction for that rent. (Fla. Stat. §83.56)

The Writ And Lockout

After judgment, the clerk issues a writ of possession to the sheriff, who must post 24 hours' notice before removing the tenant; the landlord then handles remaining property.

• After judgment for the landlord, the clerk shall issue a writ of possession to the sheriff describing the premises. (Fla. Stat. §83.62)
• The sheriff must give 24 hours' notice, conspicuously posted on the premises, before executing the writ; weekends and holidays do not pause this notice period. (Fla. Stat. §83.62)
• After execution, the landlord may remove any personal property found on the premises to or near the property line; neither the sheriff nor the landlord is liable for loss, destruction, or damage to that property after removal. (Fla. Stat. §83.62)
• The landlord may request the sheriff stand by to keep the peace while the landlord changes locks and removes personal property, paying the sheriff's reasonable hourly rate for the service. (Fla. Stat. §83.62)

Prohibited Practices

Chapter 83 bars self-help removal by utility shutoff, lockout, or unauthorized property removal, with statutory damages.

• A landlord may not cause, directly or indirectly, the termination or interruption of any utility service furnished to the tenant. (Fla. Stat. §83.67)
• A landlord may not prevent the tenant from gaining reasonable access to the dwelling by any means, including changing the locks or using a bootlock. (Fla. Stat. §83.67)
• A landlord may not remove the tenant's personal property from the dwelling except after a lawful surrender, abandonment, death of the last tenant, or a court-ordered eviction. (Fla. Stat. §83.67)
• A tenant subjected to a prohibited practice may recover actual and consequential damages or three months' rent, whichever is greater, plus costs and attorney's fees, with separate awards for repeated violations. (Fla. Stat. §83.67)

Recent Changes Worth Tracking

• Florida added a statutory mechanism authorizing e-mail delivery of landlord notices (including the 3-day nonpayment notice) when the lease provides for it. (Fla. Stat. §83.505)
• Florida added a flood-risk disclosure requirement for residential leases. (Fla. Stat. §83.512)

Eviction is the last step in a relationship that's already gone wrong. See our guide to Florida property management laws and regulations for the licensing, disclosure, and trust-account rules that apply before it gets to this point.

Doing It By The Book

Self-help evictions, changing locks, removing doors, shutting off utilities, are illegal in every state and expose a management company to real liability regardless of how clear the nonpayment is. The court process exists because it's the only lawful way to remove a tenant, and skipping a step (a defective notice, bad service) is the single most common reason a case gets dismissed and restarted from day one.

This guide is a starting point for professional managers, not legal advice. For a specific case, a contested filing, or anything unusual, work with a Florida attorney, and confirm the current text of any rule cited above with County Court or the Florida legislature.

Sources

Every fact above is drawn from one of the official sources below.

• Fla. Stat. ch. 83, Part II, The Florida Senate, 2025 Florida Statutes, Chapter 83
• Fla. Stat. §83.56(3), The Florida Senate, Fla. Stat. §83.56
• Fla. Stat. §83.59, The Florida Senate, Fla. Stat. §83.59
• Fla. Stat. §83.60(2); §83.232, The Florida Senate, Fla. Stat. §83.60
• Fla. Stat. §83.62, The Florida Senate, Fla. Stat. §83.62 (Restoration of possession to landlord)
• Fla. Stat. §83.67, The Florida Senate, Fla. Stat. §83.67