Key Takeaways
- Florida eviction requires a 3-day notice for nonpayment of rent (excludes weekends and holidays)
- A 7-day notice is required for lease violations that can be cured
- Eviction lawsuits are filed in county court and follow expedited procedures
- Only the sheriff can physically remove a tenant after a writ of possession is issued
- Tenants have 5 days to respond to an eviction summons or face default judgment
Last updated: January 2026
Florida Eviction Process
Florida law establishes specific procedures for evicting tenants. Landlords must follow these steps carefully.
Notice Requirements
Nonpayment of Rent (3-Day Notice)
| Element | Requirement |
|---|---|
| Notice period | 3 days (excludes weekends/holidays) |
| Content | Amount owed, demand for payment |
| Delivery | Personal service, mail, or posting |
| Tenant's option | Pay rent or vacate |
Lease Violation (7-Day Notice)
| Type of Violation | Notice Required |
|---|---|
| Curable violation | 7 days to cure |
| Non-curable violation | 7 days to vacate |
| Repeat violation | 7 days to vacate (no cure) |
Termination of Tenancy
For month-to-month tenancies:
| Notice Period | When Required |
|---|---|
| 15 days | Either party to terminate |
| Before next rent due | Effective at end of rental period |
Court Process
Filing the Eviction
After notice period expires:
| Step | Action |
|---|---|
| 1 | File complaint in county court |
| 2 | Pay filing fee |
| 3 | Tenant served with summons |
| 4 | Tenant has 5 days to respond |
Tenant's Response
If tenant responds:
| Response Type | Result |
|---|---|
| Answer | Case set for hearing |
| Motion to dismiss | Argued before judge |
| No response | Default judgment for landlord |
Expedited Process
Florida evictions are expedited:
| Feature | Description |
|---|---|
| Quick hearing | Usually within 2-3 weeks |
| Limited discovery | Streamlined process |
| Summary procedure | Fast-track proceedings |
Judgment and Writ of Possession
If Landlord Wins
| Step | Timeline |
|---|---|
| Judgment entered | Day of hearing |
| Writ of possession issued | Immediately or upon request |
| Writ delivered to sheriff | By clerk |
| Sheriff posts notice | 24 hours to vacate |
| Sheriff removes tenant | After 24 hours |
Only Sheriff Can Remove
Critical: Only the sheriff can physically remove a tenant. Landlord self-help (changing locks, removing belongings) is ILLEGAL.
Tenant Defenses
Common defenses in eviction:
| Defense | Description |
|---|---|
| Improper notice | Notice defective or insufficient |
| Retaliatory eviction | Eviction for tenant's complaint |
| Landlord breach | Failure to maintain property |
| Payment | Rent was actually paid |
| Discrimination | Fair housing violation |
Abandoned Property
When tenant abandons property:
| Situation | Landlord Action |
|---|---|
| Lease provides | Follow lease terms |
| No lease provision | Store for reasonable time |
| Unclaimed property | May dispose after notice |
Loading diagram...
Test Your Knowledge
How many days' notice must a Florida landlord give for nonpayment of rent?
A
B
C
D
Test Your Knowledge
Who can legally remove a tenant from a property after an eviction judgment in Florida?
A
B
C
D