Key Takeaways
- Proper Notice: Florida landlords must use the appropriate written notice before pursuing an eviction, with the required notice period depending on the reason for terminating the tenancy.
- Nonpayment of Rent: Florida law generally requires a three-day written notice for unpaid rent, excluding Saturdays, Sundays, and court-observed legal holidays, before a landlord may terminate the rental agreement.
- Lease Violations: Certain lease violations may require a seven-day opportunity to cure, while serious or repeated violations can qualify for a seven-day notice without an opportunity to correct the issue.
- Court Process: Landlords generally must obtain possession through the legal eviction process rather than changing locks, disconnecting utilities, or using other self-help measures.
- Accurate Documentation: Proper notices, lease records, payment histories, and documentation of violations can be important when an eviction proceeds to court.
The florida eviction process requires landlords and property managers to follow specific legal steps before a tenant can be removed, including proper written notice, filing an eviction case, and getting a court order when required under Chapter 83 of the Florida Statutes.
In Florida, tenant eviction can occur for several reasons, but trying to force a tenant out through threats, disconnecting utilities, or changing locks is illegal. Florida law sets specific rules for ending a tenancy, and those rules matter if you need to remove a tenant for nonpayment, lease violations, or another valid reason without exposing yourself to delays or unlawful eviction claims.
The following overview explains the notices used in different situations, how notices must be served, the steps to file an eviction complaint, what tenant defenses and court procedures may affect the case, and what it takes to complete the removal of a tenant.
1. Determine whether to proceed with the Florida process of eviction
You must have a reason/cause to evict a renter. As such, you need to determine whether a cause exists. In Florida, you can evict a tenant as a result of the following violations:
- Violations of the rental agreement
- Unpaid rent or non payment of rent
- Violations of local, state or federal laws
- Nuisance, including criminal activity on the premises, which can allow landlords to evict tenants
2. Make sure you haven’t violated any Florida lease term
If the eviction process reaches a hearing, the tenant will also be given the opportunity to be heard. A tenant may also raise legal defenses based on the landlord's failure to maintain the property or comply with lease obligations. Therefore, it is prudent to make sure that you haven't violated any of the lease terms yourself. Make sure that you:
- Comply with all relevant Florida safety, building, housing, and health codes
- Follow all the rules and regulations pertaining Florida
- Maintain common areas in a habitable manner
- Conduct all feasible and necessary repairs
3. Notify the tenant of the eviction
If there is a reason for eviction, write the renter a letter reminding them of the terms of the lease or rental agreement. Let them know that you have a right to evict them should they fail to comply with the lease or rental agreement terms. Make sure to use a certified mail service to send the letter.
Florida law requires a proper written notice before the landlord files an eviction lawsuit. This way, you can present it later as evidence to support your eviction complaint.
4. Notice of Termination with Cause
As already told, you can terminate a tenancy early and evict a tenant for a variety of reasons. To proceed with the process, you must give the tenant a written notice. The written notice period must match the reason for termination. There're a variety of Florida eviction notices depending on the reason for termination. Choosing the right type of notice is key. Otherwise, the judge may end up dismissing the case. Here're the types of notices:
- 3-day Notice to pay or Quit
This 3-day notice should be served for non payment of rent or rent owed, and it is also commonly called a three day notice. These notices must contain specific information in order to be effective. Do not include the first day of service, weekends or legal holidays when counting the 3-day notice period for non payment of rent. Once the notice expires, the landlord can proceed to file an eviction lawsuit.
- 7-Day Notice
Use this notice if the tenant is not complying with the terms of the lease agreement. The notice informs the renter that he or she has seven days to come into compliance or you'll terminate the tenancy. A seven day notice is often used for a lease violation that can be cured, such as unauthorized occupants. The Florida State statutes stipulate that you have a right to file an eviction lawsuit if the violation isn't fixed within the 7 days.
- 7-Day Unconditional Quit Notice
This notice permits you to terminate the tenancy at the end of seven days. Unlike the 7-Day Florida Notice aforementioned, the 7-Day Unconditional Quit Notice doesn't give the tenant time to cure a violation. In Florida, this type of notice can be served if the tenant; – Creates unreasonable disturbances – Destroys the rental property – Repeats the same violation within one year. In severe, non-curable cases like serious property damage, a landlord may seek immediate eviction.
- 15-Day Notice
This notice is given in Florida is for month-to-month tenancies and applies to each monthly rental period. It must be served fifteen days before the rent is due, and tenants must vacate within 30 days when terminating a month-to-month tenancy where this rule applies. – For oral month to month agreement, Miami Beach has a special law requiring a 30-day notice. You can also use this notice if the landlord-tenant lease doesn't contain a lease duration.
5. Serve the Florida Eviction Notice
In Florida, service of an eviction notice must follow proper notice requirements and other legal procedures. Some lease terms contain instructions while others don't. The most common one involves personally handing one to the tenant. Other ways include securely posting it on the door or serving it by mail.
Termination notices should be served in a way that creates proof of delivery. When sending via mail, make sure it is a certified service in order to have documentation of receipt. You can present the receipt as evidence later in court. The person serving the notice must indicate the manner of service.
6. Create an eviction complaint
If the tenant hasn't remedied the violations or hasn't paid the rent due, once the notice period expires, the landlord files the eviction complaint to start formal eviction proceedings. The complaint is one of the required court filings in the legal process and must be prepared correctly.
7. File your eviction packet with your Florida county clerk’s office
In most counties, you file the eviction packet in county court through the clerk's office, and the filing fee is $185. A completed eviction packet contains;
- A pre-stamped envelope addressed to all tenants/occupants
- Five copies of the legal document set, including the rental agreement and notice provided to the tenant
- A completed eviction complaint
8. Florida Eviction Summons and Complaint
The landlord needs to file and serve an Eviction Summons and Complaint notice, which starts the court process in an eviction case. This is if the tenant fails to comply or to leave the rental property. A copy of the notice and certificate of service must be notarized by the court clerk. Service can be conducted by a county sheriff or by a process server. Tenants have a 5-day window to answer the eviction summons, and if the tenant responds, the matter may become a contested eviction.
If an answer is filed, the landlord must contact the court to schedule a hearing. In disputed matters, the court may determine rent issues and set a final hearing. Should no answer be filed, the landlord needs to file a Motion for a Default Judgement. An uncontested eviction typically takes 20 to 37 days, while the Florida eviction timeline is usually longer in contested cases.
9. Tenant Eviction Defenses
In some cases, the renter may choose to fight the eviction. In residential eviction cases, tenants may raise legal defenses and should consider legal assistance when facing court proceedings. In effect, this would lengthen the amount of time the lawsuit takes. During the pendency of the case, the tenant is required to deposit rent into the court registry. Failure to do so results in the automatic issue of the default judgment.
The portion of the Florida landlord-tenant law relating to residential dwelling units was written, in part, to protect tenants. These defenses are available to the renter regardless of the lease term. Be it covering week to week, month to month, or year to year. When the process begins a renter can assert a variety of defenses to the Florida eviction lawsuit. The following are some common tenant eviction defenses:
- Under Florida Statute 83.56(5), a tenant may argue the defense of “waiver” in an eviction lawsuit. Here, you waive your right to evict a renter if you accept rent. However, repeated actions by the renter may make this defense null and void.
- The landlord hasn't kept up the property. To avoid making the eviction void, the landlord must comply with applicable housing regulations. These are rules and regulations that govern the condition and upkeep of the property.
- Under Florida Statute 83.60(1)(b), it is called the “defense of a material noncompliance” and is a complete defense to an eviction attempt.
- “I don't have the money to pay right now.” Sometimes, renters may give excuses that may be valid. Here, you can serve the tenant a 3-day notice in hopes the tenant pays. If the tenant doesn't pay up after the expiration of the 3 days, you can proceed with the eviction.
- Improper notice by the landlord. The landlord must provide proper written notice and follow legal procedures to avoid legal challenges. You must include all of the statutorily required information and provide a written notice.
- Retaliatory conduct, discriminatory and self-help. Under Florida Statues, tenants can use several other defenses to fight off an eviction. See illegal residential evictions in Florida.
- Material noncompliance or a case of constructive eviction. Under this defense, you cannot evict a renter if they served you a 7-day written notice specifying their intent not to pay rent.
See Tenant Defenses to Eviction Notices in Florida for more information on tenant defenses.
10. Removal of the Renter
File a motion for default with the court if the renter answered the summons, but failed to show up at the court hearing; after the hearing or a default, the judge may issue the court order for removal. Alternatively, attend court on the hearing date and make sure to take all notice receipts with you.
Supposing the judge sides with you, the court enters a final judgment before the sheriff enforces the eviction order within 24 hours. You must obtain a Writ of Possession from the Florida court, which is the legal document authorizing removal from the residential property, and a landlord cannot landlord evict through self-help without that court order.
You must pay for the writ, along with any related court costs and possible attorney fees tied to removal and enforcement. Once the Writ is served or conspicuously posted on the property, the renter has 24 hours to vacate. If the renter leaves any personal property at the rental unit, the Florida eviction laws mandate you to notify them in writing. In Florida, the law requires that you give the tenant at least 10 days to claim the property.
The 10-day period is if the notice was personally delivered to the renter. If mailed, the tenant has 15 days to claim the property. You can charge the tenant for storage of the property. The costs should be reasonable. If the tenant fails to claim the property within that time, you are at liberty to dispose of it whichever way you please.
Conclusion
Eviction is not an easy matter for both the landlord and the tenant. There're very specific rules and regulations that have to be followed. If not well-versed with the Florida eviction laws, it's recommended to seek the services of an experienced attorney or your Florida property management company.
Disclaimer: This piece is mean to be used for education purposes only. If you need help please reach out to licensed legal profressional or property management company
Frequently Asked Questions About the Florida Eviction Process
Can a Landlord Accept Partial Rent After Serving an Eviction Notice?
Yes, but accepting partial rent after serving a notice for nonpayment creates additional requirements. Under Florida law, the landlord may need to provide a receipt showing the remaining balance and agreed payment date, deposit the partial payment into the court registry when filing, or issue a new three-day notice reflecting the updated amount owed.
Owners should document any partial payment carefully and seek legal guidance when necessary.
What Happens to Rent During a Contested Florida Eviction?
When a tenant raises most defenses in a residential possession case, Florida law generally requires accrued rent and rent that becomes due during the case to be deposited into the court registry.
The court registry requirements also address disputes over the amount owed and deadlines for responding. Owners should avoid assuming that filing an eviction automatically determines how disputed rent will be handled.
Can a Property Manager Handle an Eviction for an Owner?
A property manager or other landlord agent may assist with administrative steps, documentation, notices, and coordination, depending on the circumstances. However, Florida statutes state that a landlord’s agent who is not an attorney generally cannot take action in the court proceeding beyond the initial filing of the complaint.
Owners should determine when an attorney is required rather than assuming a property manager can provide legal representation.
How Much Notice Is Required for a Month-to-Month Tenancy?
For a Florida residential tenancy without a specific duration, either party generally must provide at least 30 days’ written notice before the end of the applicable monthly period.
The current notice statute also establishes different notice periods for weekly, quarterly, and yearly arrangements. Ending a month-to-month tenancy is different from terminating a lease early because of nonpayment or another breach.
Can a Florida Landlord Recover Unpaid Rent After an Eviction?
An eviction judgment involving nonpayment may include a money judgment for qualifying unpaid rent when statutory requirements are satisfied. Florida’s eviction statute also allows the prevailing party to potentially receive attorney fees and costs.
Actual recovery depends on the judgment, proper service, the facts of the case, and the tenant’s ability to pay. Owners should budget for eviction-related expenses without assuming every cost or unpaid balance will be recovered.