Florida (FL) eviction guide
Quick answer
To evict a tenant in Florida, serve the correct written notice (as short as 3 days for nonpayment of rent), then file an eviction complaint in County Court if the tenant does not comply. After filing, the tenant has 5 business days to respond; if they do not, the court enters a default judgment and issues a writ of possession. An uncontested eviction typically takes 3 to 5 weeks from notice to lockout.
| Legal grounds | Nonpayment of rent, lease violations, holdover tenancy, or no-cause termination of month-to-month lease |
|---|---|
| Minimum notice | 3 days (nonpayment of rent) |
| Where to file | County Court (civil division) in the county where the rental property is located |
| Filing fee | $185 to about $275 (varies by county; most small-claims evictions cost about $185) |
| Typical timeframe | 3 to 5 weeks (uncontested); 2 to 4 months (contested) |
Required for nonpayment of rent; the notice must state the exact amount owed and give the tenant 3 days (excluding weekends and legal holidays) to pay in full or vacate. (Fla. Stat. § 83.56(3))
Used when a tenant breaks a curable lease term (such as keeping an unauthorized pet); the tenant has 7 days to fix the violation before the landlord can file suit. (Fla. Stat. § 83.56(2)(b))
Used for serious or repeat violations (intentional damage, repeated disturbances, or the same violation occurring again within 12 months); the tenant must vacate with no option to cure. (Fla. Stat. § 83.56(2)(a))
Required to terminate a month-to-month tenancy without cause; notice must be delivered at least 30 days before the end of the rental period. (Fla. Stat. § 83.57(3))
| Step | Timeframe | What happens |
|---|---|---|
| 1. Serve the Correct Written Notice | Day 1 to 3 (or longer, depending on notice type) | Deliver the appropriate notice in writing by hand, mail, or posting on the door; the clock starts the day after service. |
| 2. Wait for the Notice Period to Expire | 3 to 30 days | If the tenant pays, cures the violation, or vacates during this window, the process stops; if not, you may proceed to court. |
| 3. File an Eviction Complaint in County Court | 1 to 2 days to file | File a complaint for unlawful detainer in the County Court civil division in the county where the property sits and pay the filing fee (about $185 to $275). |
| 4. Tenant Is Served and Has 5 Days to Respond | 5 business days after service | The court issues a summons; the tenant has 5 business days (excluding weekends and holidays) to file a written answer or the landlord can request a default judgment. |
| 5. Attend the Hearing or Obtain Default Judgment | 5 to 14 days after tenant's deadline | If the tenant answers, the court schedules a hearing; if they do not answer, the judge typically enters a default judgment for the landlord within a few days. |
| 6. Writ of Possession Issued and Executed | 2 to 7 days after judgment | The clerk issues a writ of possession; the sheriff posts a 24-hour notice at the property, then returns to physically remove the tenant if they have not left. |
Filing an eviction complaint in Florida typically costs $185 in most County Courts, though some counties charge up to about $275. Add roughly $90 for the sheriff to execute the writ of possession plus $30 to $150 for a process server to serve the summons, bringing a basic uncontested eviction to about $300 to $500 before any attorney fees.
After a judgment for possession is entered, the County Court clerk issues a writ of possession, which is delivered to the county sheriff. The sheriff posts a 24-hour notice at the rental unit, then returns the following day to supervise or carry out the physical lockout if the tenant has not vacated. Self-help eviction (changing locks, removing belongings, or shutting off utilities without a court order) is illegal in Florida under Fla. Stat. § 83.67 and exposes the landlord to damages of 3 months' rent or actual damages, whichever is greater.
General information, not legal advice. Governing statute: Florida Statutes Chapter 83, Part II (Residential Tenancies), §§ 83.40 to 83.682. Self-help eviction is illegal everywhere; always follow the court process.
Florida eviction FAQ
An uncontested eviction in Florida typically takes **3 to 5 weeks** from the day notice is served to the day the sheriff executes the writ of possession. Contested cases where the tenant files an answer and requests a hearing commonly run **2 to 4 months**, and a contested case in a busy county can take longer.
A basic uncontested eviction usually costs **$300 to $500** in court and sheriff fees ($185 filing fee, roughly $90 writ execution, and $30 to $150 for process service). If you hire an eviction attorney, add $400 to $1,500 or more in legal fees depending on complexity.
No. Florida law requires a court order before any tenant can be removed. Self-help evictions, such as changing locks, removing the tenant's belongings, or shutting off utilities, are **illegal under Fla. Stat. § 83.67** and can result in the landlord owing the tenant up to 3 months' rent in damages.
If the tenant does not file a written answer within **5 business days** of being served, the landlord can file a motion for default. The judge typically enters a default judgment for possession within a few days, and the clerk then issues the writ of possession.
Yes. A tenant without a written lease is still protected by Florida law but is generally treated as a month-to-month tenant. The landlord must give at least **15 days' written notice** to terminate a week-to-week tenancy or **30 days' notice** to terminate a month-to-month tenancy before filing for eviction under Fla. Stat. § 83.57.
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