Florida landlords dealing with problem tenants often struggle to understand the state’s eviction process and laws. Knowing how the process works can turn that uncertainty into control. This 2025 guide explains why evictions happen, what each step involves, how long they take, and how landlord-tenant laws influence every stage.
How Florida Law Defines Eviction
Eviction in Florida is a well-defined legal process that allows landlords to lawfully remove tenants from a rental property. Each step requires strict accuracy and adherence to court-approved procedures to remain compliant and prevent wrongful eviction disputes.
Florida’s eviction laws are found in Chapter 83 of the Florida Statutes, which explain the legal grounds for eviction, notice deadlines, and the court procedures that landlords must follow when reclaiming a property.
Eviction With Just Cause
In Florida, “just cause” means a legally valid and clearly communicated reason that allows a landlord to end a tenant’s right to occupy a rental unit. Landlords can take action when certain violations occur, such as missed rent payments, breach of lease terms, or illegal activities on the property.
Each case must comply with Florida law and include proper notice before proceeding to court. For both landlords and tenants, just cause helps keep the process fair and transparent. Keeping detailed records (such as rent receipts, signed notices, and timestamped photos of inspections) adds credibility and helps establish facts if a dispute goes to a judge.
Applicable law: Fla. Stat. § 83.56
No-Fault Evictions
In Florida, landlords can end a tenancy without cause only upon the expiration of a fixed-term lease. When the lease clearly states an end date, the landlord can simply let it run out without renewing. Florida law doesn’t demand a reason for nonrenewal, but if the lease sets a notice period, both parties must honor it (usually 30–60 days before the lease ends).
For tenants renting month to month, either party can terminate the agreement without cause by giving written notice at least 30 days before the next rental period begins. The timing must align with the rent due date for the notice to be legally valid.
Applicable law: Fla. Stat. §§ 83.575, 83.57
Grounds for Eviction in Florida
Landlords in Florida may evict tenants for several legally recognized reasons, which include:
Non-Payment of Rent
When a Florida tenant misses their rent deadline, the landlord can move fast. State law grants no automatic grace period unless the lease spells one out, so rent comes due exactly on the date listed in the agreement.
Once rent is overdue, the landlord will deliver a Three-Day Notice to Pay or Quit, giving the tenant 3 business days (excluding weekends and legal holidays) to pay or leave the property. If the tenant ignores the notice, the landlord can file an eviction lawsuit and let the court handle it from there.
Applicable law: Fla. Stat. § 83.56(3)
Lease Violations
A rental agreement sets the tone for how landlords and tenants share responsibility, from paying rent on time to keeping the property in good shape. When tenants breach those terms, Florida landlords gain the legal authority to initiate the eviction process.
Common examples of lease violations include:
- Turning the apartment into an unapproved weekend Airbnb rental despite a strict “no subletting” clause in the lease agreement
- Keeping a 75-pound pit bull in a unit labeled “no pets,” even after multiple written warnings
- Painting the entire condo jet black and refusing to repaint before moving out
A solid lease protects everyone involved. When both sides understand and follow its terms, they avoid expensive legal fights, preserve the home’s condition, and stay firmly in line with Florida law.
Applicable law: Fla. Stat. § 83.56(2)
Illegal Use of the Premises
Florida law gives landlords the right to evict tenants who use a rental for illegal activity. Whether a renter turns the garage into an unlicensed marijuana grow, sells stolen catalytic converters from the driveway, runs a fake ID operation in the spare bedroom, or hides unregistered firearms in a storage closet, the landlord can immediately start eviction proceedings.
Illegal use of the property breaks the lease and puts landlords at serious risk (think liability claims, safety issues, and potential damage). Acting quickly and documenting every detail keeps the landlord in control and within Florida’s legal boundaries.
Applicable law: Fla. Stat. § 83.56(2)(a)
Tenant Actions that Threaten Health or Safety
Florida law requires tenants to keep their rental units clean, safe, and livable at all times. When renters neglect those responsibilities (like creating fire risks, inviting infestations, or turning clutter into safety hazards), landlords can take legal action for violating the state’s health and safety standards.
Common examples of health and safety violations in Florida include:
- Disconnecting or removing smoke detectors and sprinkler heads
- Letting trash, spoiled food, or insects pile up throughout the home
- Blocking hallways or emergency exits with bulky furniture or boxes
- Storing propane tanks, gasoline containers, or other flammable liquids indoors
Landlords should gather concrete evidence—such as dated photos, inspection notes, and written warnings—before issuing a notice to cure or vacate. For more details, see Florida’s warranty of habitability laws.
Applicable law: Fla. Stat. §§ 83.52, 83.56(2)
Destruction or Neglect of the Rental Unit
Florida tenants must maintain their rentals and avoid causing damage beyond ordinary wear and tear. When renters break windows, tear up hardwood floors, or knock down walls without permission, landlords can proceed with an eviction under state law.
To prove the damage, landlords should gather solid evidence, including timestamped photos, contractor quotes, inspection notes, and any written messages, before taking the case to court.
Applicable law: Fla. Stat. §§ 83.52(6), 83.56(2)(a)
Tenant is in a Month-to-Month Rental Contract
Florida landlords can end a month-to-month rental at any time without giving a specific reason. To do it legally, they must provide the tenant with 30 days’ written notice before the rental period ends, using a Notice to Terminate Tenancy form. If the tenant stays past the deadline, the landlord can move forward by filing an eviction case in county court.
Applicable law: Fla. Stat. § 83.57
Step-by-Step Eviction Process in Florida
Florida’s eviction process follows a precise, court-ordered sequence. Each stage must comply with state law to remain valid. From the initial notice to the final removal, landlords must use the correct forms, follow the proper timelines, and document every step carefully.
Here are the steps landlords must take:
1. Deliver Notice to the Tenant
Before filing for eviction, a landlord must identify the exact legal reason and deliver the correct type of notice. If rent goes unpaid after its due date (Florida law does not guarantee a grace period), the landlord will issue a Three-Day Notice to Pay or Quit, giving the tenant 3 business days, not including weekends or legal holidays, to pay the full balance or leave the property.
For other lease violations, the landlord will serve a Seven-Day Notice to Cure, allowing the tenant 7 days to correct the problem. If the tenant causes intentional damage or repeats violations within 12 months, the issue becomes non-curable. In that case, the landlord will issue a Seven-Day Unconditional Quit Notice, ordering the tenant to vacate without an opportunity to fix the problem.
Landlords may deliver notices in person, by mail, or by posting them on the property if they cannot reach the tenant. Email delivery counts only if both parties have agreed to that method in writing within the lease.
Applicable law: Fla. Stat. § 83.56
Notice Forms & Timelines
- Three-Day Notice to Pay or Quit: Used for nonpayment of rent; excludes weekends and legal holidays.
- Seven-Day Notice to Cure: Used for lease violations that can be corrected.
- Seven-Day Unconditional Quit Notice: Used for serious or repeated violations that cannot be fixed.
- Notice to Terminate Periodic Tenancy: 7 days for week-to-week, 30 days for month-to-month, 60 days for year-to-year.
Applicable law: Fla. Stat. § 83.56; Fla. Stat. § 83.57
2. File an Eviction Lawsuit Against the Tenant
When the notice period runs out without payment or correction, the landlord will file an eviction complaint in the county court where the property sits. That filing will ask the court for possession of the rental unit, follow Florida’s summary procedure rules, and trigger a summons that calls the tenant to respond.
Filing costs shift by county. Most courts charge about $185 to start an eviction for possession only, plus small extra fees for each summons and service of process. If the landlord also wants to recover unpaid rent or property damage, the total cost climbs higher. After submitting the paperwork, the clerk will review it, assign a case number, and set a hearing date and time for both parties.
Applicable law: Fla. Stat. §§§ 83.59, 51.011, 34.011
3. Serve Court Summons Paperwork to the Tenant
After the clerk sets a court date, the landlord will hire either the county sheriff or a certified private process server to deliver the summons and complaint. That server will hand the tenant all required eviction papers, including the summons, the complaint, and any attachments such as the lease and original eviction notice. Using a certified process server ensures the landlord is fully compliant with Florida’s service-of-process laws.
Once delivery is complete, the process server or sheriff will fill out a Return of Service form, and the landlord will file it with the court as proof. The summons will inform the tenant that they have 5 business days (excluding weekends and legal holidays) to respond. If the tenant ignores that deadline, the landlord will move forward with a motion for default judgment.
Applicable law: Fla. Stat. § 48.183 (Online Sunshine)
4. Attend the Eviction Hearing
On the hearing date, both the landlord and the tenant (or their lawyers) will stand before a county judge to present their cases. Each party will share their version of events, show supporting evidence, and cite the lease terms or Florida statutes that back their claims. The landlord will usually bring copies of the lease, the notices served, and any proof of missed rent or lease violations.
During the hearing, the judge will review all evidence, including rent ledgers, inspection notes, witness statements, and photos of the property. The court may ask follow-up questions, request more documentation, or invite testimony from maintenance staff or property managers. Next, they will weigh the details carefully before delivering a ruling.
Applicable law: Fla. Stat. § 83.59
5. Court Reaches a Ruling
After hearing both sides and reviewing all documents and evidence, the judge will issue a ruling. In Florida, that decision usually comes within a few days to 1 week after the hearing, depending on how busy the court is and how complex the case looks. Once the judge decides, the court will issue a Judgment for Possession.
If the tenant wins, they can stay in the property but may need to fix certain violations or pay overdue rent. If the landlord wins, the court will issue a Judgment for Possession, which lets the landlord request a Writ of Possession. Tenants still have the right to appeal within 30 days, but they must keep depositing rent into the court registry until the appeal process ends.
Applicable law: Fla. Stat. § 83.59; Fla. R. App. P. 9.110(b)
6. Judge Issues a Writ of Possession
If the judge rules in the landlord’s favor, the court will issue a Writ of Possession, the final legal order authorizing the sheriff to remove the tenant from the property. The writ serves as the court’s official notice granting possession and gives the tenant 24 hours to leave voluntarily before law enforcement steps in.
After issuing the writ, the clerk will send it to the county sheriff for action. The sheriff will post the notice clearly on the property, then return after the 24 hours to remove any occupants and return possession to the landlord.
Applicable law: Fla. Stat. § 83.62
7. Law Enforcement Executes the Writ of Possession
If the 24-hour deadline passes and the tenant still refuses to leave, the county sheriff will step in to enforce the court order. Only law enforcement (never the landlord) has the authority to remove tenants and return the property to the owner. The sheriff will oversee the process carefully, ensuring that both people and belongings leave the unit in a lawful and orderly manner.
After the eviction, the landlord will regain possession but must comply with Florida’s rules regarding personal items left behind. For residential properties, the landlord must store belongings for at least 10 days and give written notice before discarding them. If the tenant doesn’t reclaim their things in time, the landlord may sell or dispose of them.
Applicable law: Fla. Stat. § 83.62; Fla. Stat. § 715.104
Tenant Defense Against Eviction in Florida
An eviction leaves a lasting mark that reaches far beyond a tenant’s rental history. It can shadow them for years, making it harder to find housing, secure loans, or maintain steady work. The impact can be deeply personal too, uprooting families and disrupting daily life. Still, tenants hold the power to respond and share their side of the story.
To challenge or prevent eviction, tenants should keep detailed records (like rent receipts, maintenance requests, and every message exchanged with the landlord). Paying back rent quickly or fixing a lease violation can stop the process altogether. Other options, like mediation or structured payment plans, can help tenants stay in their homes.
When the pressure builds, tenants should reach out for legal help. Free or affordable support exists through groups like Florida Legal Services or local Legal Aid Society offices, which provide guidance and representation for renters facing eviction in court.
Timelines to Expect
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 the Florida Eviction Process
Typical 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 |
Navigate the Florida Eviction Process Like a Pro
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