From start to finish, an eviction in Florida can be completed in 2-3 weeks. However, it can take longer depending on the reason for the eviction and whether the tenant contests it.
Grounds for an Eviction in Florida
In Florida, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:
- Not paying rent on time
- Staying after the lease ends
- Violating the terms of the lease
- Committing illegal activity
Depending on the grounds for eviction, the landlord needs to give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
| Nonpayment of Rent | 3 Days | Yes |
| End of Lease or No Lease | 30 Days | No |
| Lease Violation | 7 Days | Yes |
| Substantial Property Damage or Repeat Lease Violation | 7 Days | No |
Nonpayment of Rent
In Florida, a landlord can evict a tenant for not paying rent on time. To do so, the landlord must first serve the tenant a 3-days’ notice to quit, which gives the tenant an opportunity to pay the balance due or move out.
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Florida the day immediately after its due date. Florida landlords are not required to give tenants a rent payment grace period. However, if the lease or rental agreement allows for one, then the landlord must honor it.
If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
If rent is due on May 1st, it will be considered late starting on May 2nd, unless the lease specifically states there is a grace period.
End of Lease or No Lease
In Florida, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). The landlord must first terminate the tenancy by giving the tenant a proper 30-days’ notice to move out.
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Lease Violations
In Florida, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under Florida landlord tenant law. Landlords must first serve the tenant a 7-days’ notice to comply or vacate, which gives the tenant a chance to fix the issue or move out.
Examples of lease violations include:
- Allowing an unauthorized occupant or pet to reside in the rental unit
- Failing to maintain the premises in a clean and sanitary manner
- Refusing to allow the landlord access to the rental unit
- Causing minor property damage (i.e. small holes in the sheetrock or missing blinds)
- Disturbing the peace and enjoyment of other persons
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Substantial Property Damage or Repeat Lease Violations
In Florida, a landlord can evict a tenant for causing substantial property damage or repeating a lease violation within a 12-month period for subsequent or continuing noncompliance. To do so, the landlord must first serve the tenant a 7-days’ notice to vacate.
The tenant does not have the option to fix the issue and must move out within the 7 day period. If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Evictions in Florida
In Florida, there are a few different types of evictions that are illegal. If proven in court, the landlord could be required to pay the tenant the cost of damages or 3 months of rent, whichever is greater, along with tenant’s legal fees.
“Self Help” Evictions
A landlord is not allowed to attempt to forcibly remove a tenant by:
- Changing the locks
- Shutting off utilities
- Removing tenant belongings
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining to the landlord about an issue with the property
- Contacting a local or government agency about an issue with the property
- Joining, supporting or organizing a tenant union or organization
- Pursuing legal action against the landlord
- Withholding rent for a legally acceptable reason
In Florida, all evictions follow the same process:
- Landlord serves tenant with written notice of violations
- Landlord files a complaint with the court for unresolved violations
- Court serves tenant with summons and complaint
- Court holds hearing and issues a judgment
- Sheriff serves tenant with Writ of Possession
- Sheriff returns possession of the property to landlord
Step 1: Landlord Serves Notice To Tenant
Florida landlords may deliver an initial written eviction notice by any of the following methods:
- Hand delivery to the other party
- If hand delivery fails: Leaving a copy of the notice at the property
- Delivery by mail
Mailed notice extends a notice period by five (5) calendar days, to account for variable delivery times.
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
3-Day Notice To Quit
In Florida, if a tenant is late on paying rent (full or partial), the landlord can serve them a 3-Day Notice To Quit. This eviction notice gives the tenant 3 days (not counting weekends or legal holidays), to pay the balance due or move out.
30-Day Notice To Vacate
For a tenant with no lease or a month-to-month lease in Florida, the landlord can serve them a 30-Day Notice To Vacate to terminate the tenancy. This lease termination notice allows the tenant 30 days to move out.
However, for tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | 30 Days |
| Year-to-Year | 60 Days |
7-Day Notice To Comply or Vacate
In Florida, if a tenant commits a minor violation of the terms of their lease or legal responsibilities, the landlord can serve them a 7-Day Notice To Comply or Vacate. This eviction notice gives the tenant 7 days to fix the issue or move out.
If the tenant repeats the same or a similar lease violation within a 12-month period, the landlord can terminate the tenancy by serving them a 7-day notice to vacate.
7-Day Notice To Vacate
In Florida, if a tenant commits substantial property damage or repeats a lease violation within a 12-month period, the landlord can serve them a 7-Day Notice To Vacate. This eviction notice gives the tenant 7 days to move out without the chance to fix the issue.
Step 2: Landlord Files Lawsuit with Court
If the notice period ends and the tenant remains on the property, the Landlord must next file a complaint in the court of the proper county. The most convenient way to file a case is by using the Florida Courts’ e-Filing Portal.
The complaint should include the following information:
- The landlord and tenant names
- The rental property address, including the county
- The grounds for eviction (i.e., nonpayment of rent, lease violation, etc.)
- When notice was served
After being notarized by the county clerk, the summons and complaint are forwarded to a process server or county sheriff to serve each named tenant. Certain fees may apply for the service of the summons and complaint.
The number of copies and which documents you need to provide varies based on the claims and number of tenants in your suit. To be certain always call the local Clerk’s Office. When only one tenant is involved, the landlord will generally need:
- The original and two copies of the summons and complaint
- Three copies of the notice served on the tenant
- Three copies of the lease or rental agreement, if applicable
- The applicable filing fee in the form of cash, check, money order, or credit card and
- Proof of service
If filing an eviction suit through the e-Filing Portal, the landlord will still need to serve a copy of the above documents on each tenant.
In most counties, filing fees cost around $185 and an additional $10 per tenant for each summons that will be issued. Information regarding filing fees can be found on the applicable county court website, such as the Miami-Dade County Clerk of the Courts Website.
After the eviction lawsuit is filed, it can take 2 to 3 days for the court to issue the summons. It can then take another 2 to 3 days for the tenant to be served, as it may take multiple tries to make contact.
Step 3: Court Serves Tenant with Summons and Complaint
Once the process server or sheriff has served the tenant, the tenant may choose to respond to the complaint. A response must be in writing and filed with the clerk of court within 5 days. To contest the eviction the tenant must have a legal defense, or a valid reason why the landlord should not evict them. The tenant must also serve the landlord with the response containing the defenses.
A valid legal defense may include the following situations:
- The landlord executed a “self help” eviction prior to finalizing the proper legal proceedings
- The tenant resolved a curable violation
- The landlord discriminated against the tenant
- The landlord evicted the tenant in a retaliatory manner
- The tenant did not violate the terms of the lease
- The landlord failed to properly maintain the rental unit as required by state and federal law
- The notice or complaint contained substantial errors, such as omitting the effective date of eviction
A court may dismiss the eviction lawsuit if it finds any of the above defenses to be true, aside from errors in the legal documents. If the notice or complaint contained substantial errors, the landlord must fix the errors and restart the eviction process.
If the tenant does not choose to contest the eviction, the process will proceed via the steps below.
The tenant will have 5 days to respond (not including weekends and legal holidays). As noted above, if the tenant chooses to contest the eviction during this time, the process can take several weeks longer.
Step 4: Court Holds Hearing and Issues Judgment
If the tenant did not contest the eviction, the landlord may move forward with filing a default motion judgement to obtain a Judgment for Possession.
If the tenant did contest the eviction, the tenant may be required to pay the Court Clerk the amount of any agreed upon outstanding rent and any rent until the lawsuit is over.
To prepare for the hearing the landlord and tenant should bring the following:
- A copy of the lease agreement
- The notice to quit or to pay
- The complaint
- Any evidence (i.e., photos of damage, billing statements, etc.) or witnesses to help prove the case in court.
Regardless of if the eviction was contested or not, if the judge rules in favor of the landlord, a Writ of Possession will be subsequently issued and the process will proceed.
Step 5: Sheriff Posts Writ of Possession
In Florida, a Writ of Possession is a court order served to a tenant by a sheriff that gives the tenant a final 24 hours to move out before being forcibly removed. The order is issued in response to a ruling made in favor of a landlord in an eviction case.
The sheriff will serve the writ allowing the tenant 24 hours to vacate before the sheriff has permission to execute the writ. Depending on their availability, it may take several more hours for them to do so.
Step 6: Sheriff Returns Property to Landlord
Finally, the sheriff will return to the property to complete the process by placing a padlock on the door.
If the tenant remains on the property upon the sheriff’s return, the tenant will be forcibly removed. If any of the tenant’s belongings remains at the property, they will not be moved. Those belongings may be used as a lien for damages or payment to the landlord.
Florida Eviction Process Timeline
In Florida, an eviction can be completed in as little as 2 to 3 weeks but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Florida eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 3-30 Calendar Days |
| Court Issuing Summons | 1-3 Business Days |
| Court Serving Summons | 1-3 Business Days |
| Tenant Response Period | 5 Business Days |
| Court Ruling | 1-5 Business Days |
| Court Serving Writ of Possession | 1-3 Business Days |
| Final Notice Period | 24 Hours |
Flowchart of Florida Eviction Process
Florida Eviction Court Fees
The average cost of an eviction in Florida for all filing, court, and service fees is $351, but can vary by county. Eviction lawsuits are filed in the County Court where the dwelling unit is located.
| Fee | County |
| Initial Court Filing | ~$185 |
| Summons Service | ~$40 |
| Writ of Possession Service | $40 |
| Writ of Possession Execution | $50+ |
| Notice of Appeal (Optional) | $281 |
Sources
- 1 FL Stat § 83.56
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If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement.
Source Link - 2 Fla. Stat. § 83.57
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A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:
(1) When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period; (2) When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period; (3) When the tenancy is from month to month, by giving not less than 30 days’ notice prior to the end of any monthly period; and (4) When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.
Source Link - 3 FL Stat § 83.56
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If the tenant materially fails to comply with s. 83.52 or material provisions of the rental agreement, other than a failure to pay rent, or reasonable rules or regulations, the landlord may:
(a) If such noncompliance is of a nature that the tenant should not be given an opportunity to cure it or if the noncompliance constitutes a subsequent or continuing noncompliance within 12 months of a written warning by the landlord of a similar violation, deliver a written notice to the tenant specifying the noncompliance and the landlord’s intent to terminate the rental agreement by reason thereof. Examples of noncompliance which are of a nature that the tenant should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the landlord’s or other tenants’ property by intentional act or a subsequent or continued unreasonable disturbance. In such event, the landlord may terminate the rental agreement, and the tenant shall have 7 days from the date that the notice is delivered to vacate the premises.
Source Link - 4 FL Stat § 83.56
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If such noncompliance recurs within 12 months after notice, an eviction action may commence without delivering a subsequent notice pursuant to paragraph (a) or this paragraph. The notice shall be in substantially the following form:
You are hereby notified that (cite the noncompliance) . Demand is hereby made that you remedy the noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination. If this same conduct or conduct of a similar nature is repeated within 12 months, your tenancy is subject to termination without further warning and without your being given an opportunity to cure the noncompliance.
Examples of noncompliance which are of a nature that the tenant should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the landlord’s or other tenants’ property by intentional act or a subsequent or continued unreasonable disturbance.
Source Link - 5 Fla. Stat. § 83.56(4)
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The delivery of the written notices required by subsections (1) [termination due to material noncompliance by the landlord], (2) [termination due to material noncompliance by tenant, EXCEPT nonpayment of rent], and (3) [tenant failure to pay rent] shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence. The notice requirements of subsections (1), (2), and (3) may not be waived in the lease.
Source Link - 6 Fla. R. Civ. P. 2.514(6)
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Additional Time after Service by Mail. When a party may or must act within a specified time after service and service is made by mail, 5 days are added after the period that would otherwise expire under subdivision (a).
Source Link
