The Florida eviction process is a court-driven sequence: the landlord serves a written notice that matches the reason for eviction, waits out the notice period, files a complaint in county court under summary procedure, and, if the tenant doesn’t cure or successfully defend, obtains a final judgment and a writ of possession that the sheriff executes. Every step has a statutory deadline, and skipping any of them can send a landlord back to the beginning.
The Notice That Starts Everything
No eviction in Florida begins without a written notice to the tenant, and the required notice depends on why the landlord wants possession.
Three Days for Unpaid Rent
When rent is late, the landlord serves a three-day notice demanding payment or possession. The three days exclude Saturdays, Sundays, and court-observed holidays, which usually stretches the real window to five or six calendar days.1The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement The notice must state the exact dollar amount owed, the property address, and the landlord’s name, address, and phone number.
Only rent belongs on that notice. Late fees, utility charges, and other costs qualify only if the written lease specifically designates them as “rent” or “additional rent.” Inflating the demand with charges that don’t qualify is one of the most common landlord errors, and it hands the tenant a ready-made defense.
Seven Days for Lease Violations
For non-rent lease breaches, the landlord uses a seven-day notice. Florida splits these into curable and noncurable violations.1The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement Curable violations, like an unauthorized pet or improper parking, come with seven days to fix the problem. A repeat of the same type of violation within twelve months of a written warning can be treated as noncurable, and the landlord can skip the cure period.
Noncurable violations, such as intentional property damage or continued unreasonable disturbances, allow the landlord to terminate with seven days’ notice to vacate and no chance to cure.
Thirty Days to End a Month-to-Month Tenancy
To end a month-to-month tenancy without cause, either side must give at least thirty days’ written notice before the end of a monthly rental period.2The Florida Legislature. Florida Code 83.57 – Termination of Tenancy Without Specific Term If rent is due on the first, a notice served March 15 ends the tenancy at the close of April, not April 15.
How the Notice Gets Delivered
Florida recognizes four delivery methods: mailing, hand delivery, email if the parties have agreed to electronic communication under Florida Statute 83.505, or leaving a copy at the residence when the tenant is not home.1The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement Keep proof of delivery. A tenant who claims the notice never arrived can force the landlord to prove it did.
Two Federal Rules That Can Override the State Notice
Florida’s notice statute isn’t the whole picture. Two federal requirements can change or add to what the landlord must do.
Properties with federally backed mortgages or that participate in federal housing assistance programs are “covered dwellings” under Section 4024 of the CARES Act. For those properties, the landlord must give at least thirty days’ notice to vacate before filing a nonpayment eviction, regardless of the three-day rule. As of early 2026, that requirement remains in effect.3Federal Register. Rescinding 30-Day Notification Requirements Related to Eviction Based on Nonpayment of Rent in Multi-Family Housing Direct Properties Owners with FHA-insured or Fannie Mae/Freddie Mac-backed loans often don’t realize they’re covered.
Separately, before any court can enter a default judgment in an eviction, the landlord must file an affidavit stating whether the tenant is in the military, or stating that military status could not be determined. This comes from the Servicemembers Civil Relief Act and applies in every case where the tenant does not appear.4Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments No affidavit, no default.
Filing the Eviction Complaint
Once the notice period ends without compliance, the landlord files a complaint for eviction in county court. The complaint names the parties, describes the property, and states the grounds. A written lease is attached; for an oral lease, the complaint must describe the terms and the rent amount. A copy of the notice served on the tenant is attached as an exhibit, and every adult occupant should be named. Leaving one off can mean the final judgment doesn’t reach that person when the sheriff arrives.
The filing fee for a residential eviction is $180.5The Florida Legislature. Florida Code 34.041 – Filing Fees for Trial and Appellate Proceedings The clerk then issues a summons that must be formally served. Service through the sheriff costs $40 per summons.6The Florida Legislature. Florida Code 30.231 – Service of Process; Fees The complaint and summons can be delivered to the tenant personally or left at the residence with someone at least fifteen years old.7Florida Senate. Florida Code 48.031 – Service of Process Generally If diligent attempts fail, the server may post the documents on the property.
The Tenant’s Five Days to Answer
Evictions move under Florida’s summary procedure, a faster track than ordinary civil cases.8Florida Senate. Florida Code 51.011 – Summary Procedure After service, the tenant has five days, excluding Saturdays, Sundays, and legal holidays, to file a written answer.
Here is the trap that decides most cases. To raise any defense other than “I already paid,” the tenant must also deposit the full amount of rent claimed in the complaint into the court registry within that same five-day window.9The Florida Legislature. Florida Code 83.60 – Defenses to Action for Rent or Possession Tenants in public housing or receiving rent subsidies deposit only their share. A tenant who thinks the amount is wrong can file a motion asking the court to set the correct figure, but the motion needs documentation.
Skip the deposit or the motion, and every defense other than payment is gone. The landlord asks the clerk for a default, the court enters a final judgment, and no hearing takes place. Most tenants who lose Florida evictions lose them at this step.
Defenses That Can Still Work
A tenant who answers on time and deposits the required rent has several avenues.
Defective notice. The most common defense. If the three-day notice overstates the rent, sweeps in charges that don’t qualify as rent, omits the landlord’s contact information, or was delivered improperly, the whole case rests on a flawed foundation. Courts regularly dismiss on this ground.
Retaliation. Florida bars landlords from evicting, raising rent, or cutting services primarily in retaliation for a tenant’s lawful acts, including complaining to a government agency about code violations.10Florida Senate. Florida Code 83.64 – Retaliatory Conduct The tenant raises this as an affirmative defense in the answer.
Reasonable accommodation. When a lease violation ties to a disability, the Fair Housing Act may require the landlord to accommodate rather than evict. The federal statute makes it unlawful to refuse reasonable changes to rules or policies when necessary for equal use of a home.11Office of the Law Revision Counsel. 42 USC 3604 – Discrimination in the Sale or Rental of Housing The request doesn’t require legal terminology and can come any time before judgment. The landlord isn’t required to accommodate behavior that genuinely threatens others’ safety or would cause substantial property damage.
Bankruptcy stay. A tenant who files bankruptcy before the landlord obtains a judgment for possession triggers an automatic stay that halts the eviction until the bankruptcy court lifts it or the case ends.
Judgment, Writ, and the 24-Hour Notice
Once the response window closes without a proper answer, or once the court rules for the landlord, the judge enters a final judgment for possession. The clerk issues a writ of possession directing the sheriff to remove the tenant.12Florida Senate. Florida Code 83.62 – Restoration of Possession to Landlord
The sheriff posts a twenty-four-hour notice on the property. Weekends and holidays don’t pause that clock. If the tenant is still inside after twenty-four hours, the sheriff returns, physically removes them, and hands possession to the landlord.13The Florida Legislature. Florida Code 83.62 – Restoration of Possession to Landlord Only then can the landlord change the locks.
Personal Property Left Behind
When belongings stay in the unit after the eviction, the landlord follows the notice procedure in Florida Statute 715.104. Written notice to the former tenant must describe the property, say where it can be claimed, and give a deadline of at least ten days after personal delivery or fifteen days after mailing.14The Florida Legislature. Florida Code 715.104 – Notification of Former Tenant of Personal Property Remaining on Premises Reasonable storage charges are allowed. Disposing of property without this notice creates liability.
The Security Deposit After Eviction
Florida’s deposit rules don’t disappear because a tenant was evicted. If the landlord isn’t claiming any of the deposit, it must be returned within fifteen days of the tenant vacating. To keep any portion for damages or unpaid rent, the landlord must send written notice within thirty days explaining the amount withheld and why. Miss the thirty-day deadline and the right to claim against the deposit is gone.15Florida Department of Agriculture and Consumer Services. Landlord/Tenant Law in Florida The tenant then has fifteen days to object in writing. No objection, and the landlord deducts the claimed amount and returns any balance within thirty days.
Unpaid Rent Is a Separate Judgment
A judgment for possession isn’t a money judgment. To recover unpaid rent through the same case, the landlord should include a claim for rent and damages in the original complaint and, on default, request both a possession judgment and a separate money judgment supported by an affidavit, the lease, and payment records. Leaving the money claim out means starting a new civil action later.
What Landlords Cannot Do
Florida forbids self-help eviction. Changing the locks, shutting off utilities, removing doors or windows, or blocking access is illegal no matter how much rent is owed or how serious the lease violation. A landlord who does any of these owes the tenant actual and consequential damages or three months’ rent, whichever is greater, plus court costs and attorney’s fees.16Florida Senate. Florida Code 83.67 – Prohibited Practices The shortcut almost always costs more than the court process it was meant to avoid.