The Florida eviction process is a court-supervised sequence set out in Chapter 83 of the Florida Statutes: the landlord serves a written notice, files a complaint in county court after the notice period expires, has the tenant personally served with a summons, obtains a judgment if the tenant fails to answer or deposit rent into the court registry, and then relies on the sheriff to enforce a writ of possession.1The Florida Legislature. Florida Code Chapter 83 – Landlord and Tenant Skipping a step, or improvising with self-help tactics like locking the tenant out or shutting off utilities, exposes the landlord to serious financial liability and usually gets the eviction dismissed.
Step One: Serve the Correct Written Notice
Every Florida eviction starts with a written notice, and the type depends on what the tenant did. Using the wrong notice is one of the fastest ways to lose the case.
Three-Day Notice for Nonpayment of Rent
When rent is unpaid, the landlord delivers a three-day notice to pay or vacate. The three days exclude Saturdays, Sundays, and court-observed holidays.2The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement The notice must state the exact rent owed, identify the property, and follow the statutory form. Do not roll late fees into the demanded amount unless the lease specifically defines them as additional rent. Inflated figures give the tenant an easy defense. If the tenant pays in full within the three days, the eviction stops.
Seven-Day Notice to Cure
For fixable lease violations like unauthorized pets, improper parking, or an unsanitary unit, the landlord sends a seven-day notice giving the tenant a chance to correct the problem. If the tenant fixes the issue within seven days, the eviction cannot proceed.2The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement
Seven-Day Notice to Vacate (No Cure)
Some violations are serious enough that the tenant gets no chance to fix them. Intentional destruction of property, repeated disturbances, and a repeat of the same violation within twelve months of a written warning fall in this category. The landlord delivers a seven-day notice to vacate with no cure option.2The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement
Thirty-Day Notice to End a Month-to-Month Tenancy
Either party can end a month-to-month tenancy with at least 30 days’ written notice before the end of a monthly rental period, and no reason is required.3The Florida Legislature. Florida Code 83.57 – Termination of Tenancy Without Specific Term If the tenant does not leave once the notice period ends, the landlord can file for eviction.
CARES Act Notice for Federally Backed Housing
If the property has a federally backed mortgage or participates in a federal housing assistance program, the CARES Act requires a 30-day notice to vacate before filing an eviction for nonpayment, and this requirement has no expiration date.4Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments The CARES Act notice can be given the day rent is due, but it runs separately from the Florida three-day notice. Skipping it on a covered property risks dismissal.
Step Two: File the Eviction Complaint
Once the notice period has expired and the tenant has not complied, the landlord files a complaint for eviction in the county court where the property sits.5The Florida Legislature. Florida Code 83.59 – Right of Action for Possession The complaint must name every adult occupant, describe the property, state the legal grounds, and specify any unpaid rent. Attach the written lease, or state that the tenancy was oral. A misspelled name, a wrong address, or an inflated rent figure gives the tenant an easy opening to challenge the case.
The base filing fee for a residential eviction is roughly $185, varying slightly by county,6Hillsborough County Clerk of the Circuit Court. Fees and Fines plus about $10 per summons for each defendant.7Broward County Clerk of Courts. Create a Court Filing – Fees
Step Three: Serve the Summons
The clerk issues a summons for each named tenant. A process server or the county sheriff must personally deliver it. Personal service typically runs between $40 and $90 per tenant, depending on the county and whether you use the sheriff or a private server.
If the server cannot find the tenant at home after at least two attempts separated by six hours, the summons can be posted in a visible spot on the property.8The Florida Legislature. Florida Code 48.183 – Service of Process in Action for Possession of Premises This fallback exists specifically for eviction cases and is valid only after personal service has genuinely been attempted.
Step Four: The Tenant’s Five-Day Response and Rent Deposit
After being served, the tenant has five days, excluding weekends and legal holidays, to respond. Any defense beyond a claim that rent was actually paid requires the tenant to deposit the full amount of accrued rent alleged 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 Rent that comes due while the case is pending must also be deposited as it accrues.
This is where most tenants lose. Failing to deposit rent into the registry within five days is an absolute waiver of every defense except the claim that rent was already paid, and the landlord is entitled to an immediate default judgment and a writ of possession with no further hearing.9The Florida Legislature. Florida Code 83.60 – Defenses to Action for Rent or Possession If the tenant disputes the amount owed, they can file a motion asking the court to determine the correct deposit, but that motion also has to be filed within the five-day window.
Step Five: Hearing and Judgment
If the tenant files a timely answer and deposits rent into the registry, the judge sets a hearing. The landlord typically brings the lease, the notice, proof of service, and a rent ledger. The tenant may raise defenses such as the landlord’s failure to maintain the property, defects in the notice, or retaliatory conduct.
Florida law bars a landlord from filing an eviction primarily in retaliation for a tenant’s protected actions, such as reporting housing code violations to a government agency, joining a tenant organization, or exercising fair housing rights.10The Florida Legislature. Florida Code 83.64 – Retaliatory Conduct A tenant raising this defense must show they were treated differently from other tenants. The defense does not apply where the landlord can prove the eviction was filed for legitimate reasons like genuine nonpayment or a real lease violation.
If the landlord wins, the judge signs a final judgment awarding possession. If back rent was sought, the judgment also includes a money award for the unpaid amount plus court costs.
Military Service Affidavit Before Any Default
Before any default judgment is entered, federal law requires the landlord to file an affidavit stating whether the tenant is on active military duty. Under the Servicemembers Civil Relief Act, a court cannot enter a default against an active-duty servicemember without first appointing an attorney to represent them.4Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments If military status cannot be determined, the court may require a bond. Landlords can verify status for free through the Department of Defense’s online database.
Step Six: Writ of Possession and Sheriff Removal
After the judge signs the final judgment, the clerk issues a writ of possession directing the sheriff to remove the tenant. The clerk’s fee for the writ is around $115, varying by county.11Miami-Dade County. Fees and Procedures for Court Services
The sheriff posts a 24-hour notice on the property. Weekends and holidays do not pause that countdown.12The Florida Legislature. Florida Code 83.62 – Restoration of Possession to Landlord If anyone remains after 24 hours, the sheriff returns and physically removes them. The landlord or the landlord’s agent can then move the tenant’s belongings to the property line and change the locks.
Once the sheriff executes the writ and the property is moved outside, neither the landlord nor the sheriff is liable for any loss or damage to that property.12The Florida Legislature. Florida Code 83.62 – Restoration of Possession to Landlord A landlord who wants the sheriff present during the lockout for safety can request standby at a reasonable hourly rate.
What Landlords Cannot Do
Florida law flatly bans self-help. A landlord cannot shut off water, electricity, gas, or any other utility to pressure a tenant out. A landlord cannot change the locks, block access, or remove doors, windows, or other structural components. A landlord cannot haul belongings out before a lawful eviction has been completed.13The Florida Legislature. Florida Code 83.67 – Prohibited Practices
The penalty is steep. The tenant can recover actual damages or three months’ rent, whichever is greater, plus attorney’s fees and court costs. Each separate violation can trigger its own award. A court can also issue an injunction restoring access immediately, because any violation is treated as irreparable harm under the statute.13The Florida Legislature. Florida Code 83.67 – Prohibited Practices Shortcuts almost always cost more than a proper eviction would have.
After the Eviction: Property Left Behind and the Security Deposit
Abandoned Personal Property
If the lease contains the statutory surrender-or-abandonment language, the landlord has no duty to store or preserve items left behind and faces no liability for disposing of them.13The Florida Legislature. Florida Code 83.67 – Prohibited Practices
Without that lease language, the landlord must send written notice to the former tenant describing the property and stating where and by when it can be claimed. Personally delivered notice gives the tenant at least 10 days; mailed notice extends the deadline to at least 15 days.14The Florida Legislature. Florida Code 715.104 – Notification of Former Tenant of Personal Property Remaining on Premises Reasonable storage costs can be charged. If the tenant does not claim the items by the deadline, property reasonably believed to have a total resale value under $500 can be kept or thrown away; property worth $500 or more must be sold at public auction.15The Florida Legislature. Florida Code 715.109 – Sale or Disposition of Abandoned Property
Security Deposit Deadlines
Winning an eviction does not automatically let the landlord keep the deposit. If the landlord makes no claim, the full deposit must be returned within 15 days after the tenancy ends. If the landlord intends to claim any portion for unpaid rent or damages, a written notice must go out by certified mail within 30 days of the tenancy’s termination, stating the exact amount claimed and the specific reasons.16The Florida Legislature. Florida Code 83.49 – Deposit Money or Advance Rent
The tenant then has 15 days to object in writing. If no objection comes, the landlord can deduct the claimed amount and return the balance within 30 days of the original notice. Miss the 30-day window to send the notice and the landlord forfeits the right to claim against the deposit, though a separate lawsuit for damages is still possible.16The Florida Legislature. Florida Code 83.49 – Deposit Money or Advance Rent
What a Florida Eviction Costs
Out-of-pocket costs for an uncontested case add up quickly:
- Filing fee: approximately $185
- Summons issuance: about $10 per defendant
- Service of process: $40 to $90 per tenant
- Writ of possession: around $115
- Sheriff standby if requested: hourly rate set by the local sheriff’s office
A straightforward eviction with one tenant typically runs between $350 and $450 in court and sheriff fees alone, before any attorney’s fees. Contested cases that go to a full hearing cost considerably more.