The Eviction Process in Florida

Evicting a tenant in Florida can seem intimidating, but the state’s clear legal framework makes it manageable for landlords. As of March 31, 2025, Florida’s rental market is robust, with millions of renters statewide facing rising costs and housing pressures. The Florida Bar notes that once someone pays rent, they become a tenant under the Florida Residential Landlord Tenant Act, gaining specific rights and responsibilities. Accepting rent places landlords under the same law.

Florida leans landlord-friendly, with no rent control, no caps on security deposits or late fees, and a straightforward eviction process—especially for nonpayment of rent or lease violations. Across the state, from Miami to Jacksonville, uncontested nonpayment evictions typically take three to four weeks. Here’s a step-by-step guide to Florida’s eviction process, packed with insights to help you succeed.

Understanding Tenant and Landlord Rights in Florida

Florida law strikes a balance: tenants must pay rent, maintain properties, and follow leases, while landlords enjoy flexibility to enforce terms. With no statewide rent caps—unlike some states—landlords can adjust rates freely, though tenants can challenge unfair practices. Evictions often arise from nonpayment or breaches like unauthorized occupants, and courts tend to favor landlords when evidence is clear. This landlord tilt is a boon in a state where rental demand is high, fueled by population growth (over 22 million in 2023, per U.S. Census Bureau estimates).

Step 1: Serve the Proper Notice

Florida’s eviction process starts with written notice, and the type depends on the issue. Precision is key—botch this step, and your case could stall in court. Here’s how it works statewide:

Not Paying Rent? The 3-Day Notice

For nonpayment, serve a 3-day notice demanding payment within three business days—excluding weekends, holidays, and the delivery day—per Florida Statute 83.56(3). Include only the rent owed, not late fees or utilities. For instance, if rent is $1,200 due on the 1st and unpaid by the 4th, serve notice on the 5th; they’d have until the 8th (if no weekends) to pay or face eviction.

Causing Issues? The 7-Day Notice

If a tenant violates the lease—say, sneaking in a pit bull despite a no-pet clause, trashing the yard, or hosting loud parties—issue a 7-day notice to fix it. Florida law mandates tenants keep properties sanitary, code-compliant, and peaceful. Examples abound: in Tampa, unapproved subletters trigger this notice; in Orlando, neglected upkeep does. If the violation can’t be undone—like repeated vandalism—use a 7-day termination notice instead, signaling eviction without a cure option.

Month-to-Month Tenant? The 15-Day Notice

For month-to-month tenancies, serve a 15-day notice before the next rent due date, per Florida Statute 83.57(3). If rent’s due June 1st, deliver by May 16th. This is common in Florida’s flexible rental markets, like St. Petersburg or the Keys, where short-term leases thrive.

Step 2: File the Eviction Action

If the tenant doesn’t comply, file an eviction complaint with your county court. For nonpayment after a 3-day notice, or unresolved breaches post-7-day notice, submit paperwork and fees (typically $185-$200, plus service costs). The tenant gets five business days to respond. Filing errors—like missing signatures—can delay you, so double-check forms, available via the Florida Courts website.

Step 3: Await Tenant Response

This step splits based on tenant action—or lack thereof.

No Response? If they don’t reply in five days, file a Motion for Default Judgment. This tells the judge they’re not contesting, speeding up eviction. Florida’s courts process these fast, especially for nonpayment.

Response Filed? If they fight back, it’s case-specific. Nonpayment disputes often favor landlords if rent’s still unpaid—courts don’t mess around here. Lease violations need proof: photos of damage, noise complaints, or witness statements. Contested cases can stretch past four weeks, depending on court backlogs (heavier in urban hubs like Miami). For tricky scenarios, consult pros like Florida eviction attorneys or call FL Home Buyers for a free take.

Step 4: Final Judgment and Possession

Once the judge grants a Final Judgment of Eviction, the Clerk issues a Writ of Possession under Florida Statute 83.62. The sheriff schedules a lockout—often within days—meeting you to remove the tenant and restore your property. In rural counties like Okeechobee, this might be quicker than in busy Broward, but Florida’s process is uniformly efficient.

Florida’s Rental Context

Florida’s 8.5 million housing units (2023 Census estimate) include millions of rentals, from beachfront condos to inland apartments. With median rent climbing—$2,000 statewide in 2024, per market trends—nonpayment evictions spike. The state’s no-rent-control stance amplifies this, as does its tourism-driven economy, drawing seasonal renters. Yet, tenant aid exists via groups like the Florida Housing Finance Corporation, though landlords retain courtroom leverage.

Common Pitfalls and Pro Tips

Evictions can trip you up. A 3-day notice listing late fees? Invalid. Handing it to a tenant’s kid? Risky—post it on the door or certify mail instead. Tenants might cry retaliation (e.g., “You’re evicting me for reporting mold!”), so log every interaction. Florida’s diverse rentals—HOAs in Naples, mobile homes in Lakeland—add quirks, so tailor your approach. Overwhelmed? Give us a call.

Why Mastery Matters

A failed eviction can cost months and thousands in lost rent—painful in Florida, where properties flip fast. A 2023 Eviction Lab study pegged Florida’s eviction rate above the national average, underscoring the need for precision. Get it right, and you protect your investment in a competitive market.

Need Help?

Evictions vary wildly—will your case hold up? Is it worth the hassle? At FL Home Buyers, we’ve seen it all and know the emotional and financial toll. Call us today for a free consultation, or tap local experts to weigh your options. Don’t let a tenant derail your plans—act smart, act now.