How to evict a tenant the legal way in Florida.
Florida requires a court order to remove a tenant. There are no shortcuts: you serve a written notice, file in county court, win a judgment, and have the sheriff carry it out. Here is each step, with the statute that governs it.
Checked against the Florida Statutes on
Never try to force a tenant out yourself.
“Self-help” evictions are illegal in Florida, even if the tenant is behind on rent and even if the lease says you can. A landlord who violates § 83.67 owes the tenant their actual damages or three months’ rent, whichever is greater, plus costs and attorney’s fees. Do not:
- Change or add locks, or use a bootlock
- Shut off water, electricity, gas, heat or garbage service
- Remove doors, windows, walls or the roof (outside of real repairs)
- Remove the tenant's belongings before a lawful eviction or true abandonment
The reason for eviction decides the notice.
Excludes Saturdays, Sundays and court-observed legal holidays. The tenant can cure by paying the full amount demanded. The notice should state the amount owed, the unit address and county, the deadline date, and your contact information.
For violations the tenant can fix, such as unauthorized pets, guests or vehicles, or unsanitary conditions. If they fix it within 7 days, the lease continues. If the same violation recurs within 12 months, you may start an eviction without a new notice.
For violations that can't be cured: intentional damage, a continued unreasonable disturbance, or a repeat of a similar violation within 12 months of a written warning. The notice terminates the lease and gives 7 days to move out, with no chance to cure.
For tenancies with no set end date: 60 days before the end of a year-to-year period, 30 days for quarterly or month-to-month, and 7 days for week-to-week. Must be delivered before the end of the period.
A tenant who stays after the lease ends without your permission is a holdover. You may recover possession through the court process (§ 83.59) and may claim double the rent for the period they refuse to leave (§ 83.58). If you let them stay, read your lease's renewal language and § 83.575 first.
Accepting rent after you know about a violation can waive your right to evict for that violation (§ 83.56(5)). If you take rent, talk to an attorney before you file.
Seven steps from notice to possession.
- 1
Serve the right written notice
Every eviction starts with a written notice that matches the reason. The notice must be delivered by mail, by hand delivery of a true copy, or by leaving a copy at the residence if the tenant is absent. Email counts only if you and the tenant both signed the email addendum described in § 83.505. The notice requirements cannot be waived in the lease.
TimingDay 0 - 2
Wait out the notice period
The tenant may pay or fix the problem within the period (when the problem is curable). If they do, the lease stays in place. If they don't, the lease is terminated and you may file. Do not accept rent in the meantime without reading the waiver note under the notice table above.
Timing3 or 7 days, depending on the reason - 3
File a complaint in county court
File in the county court where the property is located. The complaint describes the unit and the facts supporting possession. Landlords may file themselves, but a landlord's agent (such as a property manager) may only make the initial filing unless the agent is an attorney. Florida uses an expedited "summary procedure" (§ 51.011), so the court must move these cases up the calendar.
TimingAfter the notice period ends - 4
Tenant is served and has 5 days to respond
The tenant is served with a summons. They have 5 days (not counting weekends or court holidays) to file an answer. A tenant who raises any defense other than payment must also deposit the rent alleged in the complaint, plus rent that comes due during the case, into the court registry. If they don't, their defenses are waived and you are entitled to a default judgment and a writ of possession with no hearing.
Timing5 business days after service - 5
Hearing, or default judgment
If the tenant files an answer and deposits the rent, the court sets the case for hearing. If they do nothing, ask the clerk for a default judgment. Bring your lease, the notice you served, proof of delivery, and a ledger of rent due.
TimingVaries by county - 6
Writ of possession and sheriff posting
After a judgment for possession, the clerk issues a writ to the sheriff. The sheriff posts a 24-hour notice on the unit (weekends and holidays count) and then returns possession to you. You can ask the sheriff to stand by while you change the locks.
Timing24 hours after the notice is posted - 7
Handle belongings carefully
Once you have lawful possession, you or your agent may move the tenant's remaining personal property to or near the property line. After the property has been moved, you are not liable for its loss or damage. Check the lease and the abandonment rules before disposing of anything.
TimingAt or after execution of the writ
Related guides
Start with the notice.
Our free termination notice builder produces a 3-day notice for unpaid rent as a PDF. Fill in the details, watch it update live, and download.
Draft a noticeBefore you act.
How long does a Florida eviction take?
The statute sets the notice period (3 or 7 days), the tenant's 5-day response window, and the sheriff's 24-hour notice. The rest depends on your county's court calendar and whether the tenant contests. An uncontested nonpayment case can finish in a few weeks; a contested one takes longer. We can't promise a timeline.
What if the tenant pays part of the rent after I serve the notice?
Accepting partial rent does not waive your right to evict, but you must do one of three things: give the tenant a receipt for the partial payment before filing, deposit the partial payment into the court registry when you file, or serve a new 3-day notice for the new balance. Accepting full rent knowing of another violation can waive that violation (§ 83.56(5)).
Can I evict a tenant myself, or do I need a lawyer?
An individual landlord can file their own eviction. A property manager or other agent may only make the initial filing unless they are an attorney (§ 83.59). A lawyer is worth considering if the tenant contests, if the property is subsidized, or if the situation is unusual.
Can I also get unpaid rent from the tenant?
Possession and money are separate questions. The eviction decides who gets the unit; a claim for unpaid rent or damages can be added to the case or pursued separately. Ask the clerk or an attorney how to do this in your county.
Does this apply to subsidized housing, mobile homes or commercial property?
No. This page covers ordinary residential tenancies under Chapter 83, Part II. Federally assisted housing, mobile home lots (Chapter 723) and commercial leases follow different rules.
This page summarizes Chapter 83, Part II of the Florida Statutes for general information. It is not legal advice, statutes change, and local court procedures vary. Read the full statutes and consult a Florida-licensed attorney about your situation.