General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- For unpaid rent, the landlord serves a 3-day notice to pay or leave, and the three days do not count Saturdays, Sundays or court holidays.
- For a lease violation the tenant can fix, such as an unauthorized pet, the landlord serves a 7-day notice to cure; for serious violations that cannot be fixed, such as deliberate damage, a 7-day notice to vacate with no chance to cure.
- Either side can end a month-to-month tenancy with at least 30 days of written notice before the end of a monthly period, or 7 days for a week-to-week tenancy.
- Evictions are filed in the county court for the county where the rental is located, using the summary procedure.
- The tenant has 5 days after service, not counting weekends and legal holidays, to respond, and to keep any defense other than payment the tenant must also deposit the rent claimed into the court registry or ask the court to set the amount.
Florida moves evictions quickly. The landlord serves the right written notice, files in county court if the tenant stays, and the case runs on a short summary schedule where the tenant usually has to deposit the rent claimed to keep defending. Only the sheriff can put the landlord back in possession.
Florida eviction process at a glance
| Rule | Florida | Law |
|---|---|---|
| Notice for unpaid rent | For unpaid rent, the landlord serves a 3-day notice to pay or leave, and the three days do not count Saturdays, Sundays or court holidays. | Florida Statutes section 83.56(3) |
| Notice for a lease violation | For a lease violation the tenant can fix, such as an unauthorized pet, the landlord serves a 7-day notice to cure; for serious violations that cannot be fixed, such as deliberate damage, a 7-day notice to vacate with no chance to cure. | Florida Statutes section 83.56(2) |
| Ending a tenancy without cause | Either side can end a month-to-month tenancy with at least 30 days of written notice before the end of a monthly period, or 7 days for a week-to-week tenancy. | Florida Statutes section 83.57 |
| Where the case is filed | Evictions are filed in the county court for the county where the rental is located, using the summary procedure. | Florida Statutes sections 83.59 and 51.011 |
| Tenant response time | The tenant has 5 days after service, not counting weekends and legal holidays, to respond, and to keep any defense other than payment the tenant must also deposit the rent claimed into the court registry or ask the court to set the amount. | Florida Statutes section 83.60(2) |
| Removal after judgment | After judgment, the clerk issues a writ of possession and the sheriff posts it, giving the tenant 24 hours before the landlord is put back in possession. | Florida Statutes section 83.62 |
| Typical overall timeline | An uncontested nonpayment case often takes about two to six weeks from notice to removal, and a contested case can take longer. | Court practice (estimate) |
Notices before an eviction in Florida
The notice is the foundation of the whole case. It has to fit the reason for ending the tenancy, give the full period the law requires and be delivered in a way the court will accept.
Notice for unpaid rent. For unpaid rent, the landlord serves a 3-day notice to pay or leave, and the three days do not count Saturdays, Sundays or court holidays. (Florida Statutes section 83.56(3))
Notice for a lease violation. For a lease violation the tenant can fix, such as an unauthorized pet, the landlord serves a 7-day notice to cure; for serious violations that cannot be fixed, such as deliberate damage, a 7-day notice to vacate with no chance to cure. (Florida Statutes section 83.56(2))
Ending a tenancy without cause. Either side can end a month-to-month tenancy with at least 30 days of written notice before the end of a monthly period, or 7 days for a week-to-week tenancy. (Florida Statutes section 83.57)
Filing the case
If the notice period runs out and the tenant has neither fixed the problem nor moved out, the next step is a court filing. Bring the lease, the notice, proof of how it was delivered and a ledger of what is owed.
Where the case is filed. Evictions are filed in the county court for the county where the rental is located, using the summary procedure. (Florida Statutes sections 83.59 and 51.011)
Filing costs. Filing and sheriff service fees are generally set by the county clerk and sheriff and vary by county. (County clerk fee schedules)
The response and the hearing
Courts look closely at the paperwork. Expect to show the notice, the proof of service and the rent ledger, and to answer any defense the tenant raises.
Tenant response time. The tenant has 5 days after service, not counting weekends and legal holidays, to respond, and to keep any defense other than payment the tenant must also deposit the rent claimed into the court registry or ask the court to set the amount. (Florida Statutes section 83.60(2))
Judgment and getting possession back
Removal after judgment. After judgment, the clerk issues a writ of possession and the sheriff posts it, giving the tenant 24 hours before the landlord is put back in possession. (Florida Statutes section 83.62)
What a landlord must not do
Until a court orders otherwise, the tenant keeps the right to live in the home, even after the notice runs out.
Self-help eviction. A landlord may not cut off utilities, change the locks, remove doors or take the tenant's belongings to force them out, and a tenant can recover damages for each violation. (Florida Statutes section 83.67)
Recent changes to know about
Recent changes. HB 1417 (2023, chapter 2023-314) made the state the only level of government that can regulate residential tenancies, preempting local tenant ordinances, effective July 1, 2023. (HB 1417 (2023))
Recent changes. HB 621 (2024, chapter 2024-44) created a sheriff removal process for unauthorized occupants of homes, effective July 1, 2024. (HB 621 (2024))
Timeline at a glance
| Step | Typical time | Rule |
|---|---|---|
| Notice period for unpaid rent | 3 days | Florida Statutes section 83.56(3) |
| Notice period for a lease violation | 7 days | Florida Statutes section 83.56(2) |
| Tenant response after the case is served | 5 days | Florida Statutes section 83.60(2) |
| From judgment to removal | 24 hours | Florida Statutes section 83.62 |
| Whole case, uncontested | A few weeks | Court practice (estimate) |
Real cases often take longer: holidays, a contested hearing or an appeal can add weeks.
Mistakes to avoid
- Demanding more than the rent actually owed in a notice for unpaid rent, for example by adding late fees or utilities.
- Counting the notice period wrong and filing a day too early.
- Taking partial rent after serving a notice without knowing how it affects the case.
- Keeping no proof of service. Write down who delivered the notice, how and when, and keep a copy.
- Trying to speed things up with a lockout, a utility shutoff or by moving belongings out.
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General information, not legal advice.
Verify current law
We last checked these Florida rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Florida attorney about your situation.
Laws named on this page
- Florida Statutes section 83.56(3)
- Florida Statutes section 83.56(2)
- Florida Statutes section 83.57
- Florida Statutes sections 83.59 and 51.011
- Florida Statutes section 83.60(2)
- Florida Statutes section 83.62
- Florida Statutes section 83.67
- HB 1417 (2023)
- HB 621 (2024)
Official sources
Florida forms for this topic
Letters and checklists for this topic
Where landlords trip up.
How much notice does a Florida landlord give for unpaid rent?
For unpaid rent, the landlord serves a 3-day notice to pay or leave, and the three days do not count Saturdays, Sundays or court holidays. Source: Florida Statutes section 83.56(3).
How long does a tenant in Florida have to respond to an eviction case?
The tenant has 5 days after service, not counting weekends and legal holidays, to respond, and to keep any defense other than payment the tenant must also deposit the rent claimed into the court registry or ask the court to set the amount. Source: Florida Statutes section 83.60(2).
Can a Florida landlord change the locks instead of going to court?
A landlord may not cut off utilities, change the locks, remove doors or take the tenant's belongings to force them out, and a tenant can recover damages for each violation. Source: Florida Statutes section 83.67.
How long does an eviction take in Florida?
An uncontested nonpayment case often takes about two to six weeks from notice to removal, and a contested case can take longer. Source: Court practice (estimate).
Which court hears eviction cases in Florida?
Evictions are filed in the county court for the county where the rental is located, using the summary procedure. Source: Florida Statutes sections 83.59 and 51.011.