Eviction Process in Florida: A 2026 Landlord's Guide
3-day notice for nonpayment. 7-day for curable violations, 7-day unconditional for repeated. Relatively fast court process. Tenant must deposit disputed rent with court registry to contest eviction.
Required notice types in Florida
| Type | Notice Period | Purpose |
|---|---|---|
| Nonpayment | 3 days | Tenant failed to pay rent. Tenant may cure by paying the full amount owed before the deadline in most states. |
| Lease violation (curable) | 7 days | Tenant is violating lease terms (unauthorized pets, unauthorized occupants, noise, etc.) and has the option to correct the violation. |
The eviction process, step by step
Step 1 — Serve a 3-day Pay or Quit. Florida law requires you to give the tenant written notice and 3 days to either pay what's owed or vacate. Serve in the manner permitted by Fla. Stat. § 83.56.
Step 2 — File a Eviction Complaint complaint. If the tenant doesn't pay or move out by the deadline, file in the appropriate court (typically justice, district, or small claims depending on county).
Step 3 — Court hearing. The court sets a hearing, typically within 2-7 weeks. Bring the lease, payment ledger, copy of the notice, and proof of service.
Step 4 — Judgment and writ of possession. If you win, the court issues a judgment. After the tenant's appeal window closes, the sheriff or constable executes the writ and restores possession.
How long does an eviction take in Florida?
Uncontested cases in Florida typically move through the courts in about 45 days from notice to sheriff's lockout. Contested cases, tenant bankruptcy filings, and local court backlogs can extend this significantly. The minimum realistic timeline (everything uncontested, no appeals) is roughly 20 days.
Need to send a Pay or Quit right now?
LandlordPro drafts a Florida notice in about 2 minutes using the notice period and service language on file for Florida, with a digital audit trail. Check the current statute or a local attorney before you serve it.
Start free — no credit cardKey statute for Florida
Notice for unpaid rent
Authority: Fla. Stat. § 83.56(3)
If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises
What this means: Florida requires a 3-day notice before you can file for eviction over unpaid rent.
Read from the statute text (verified 2026-09-22)
Notice for other lease violations
Authority: Fla. Stat. § 83.56(2)(b)
if the noncompliance is not corrected within 7 days from the date that the written notice is delivered, the landlord shall terminate the rental agreement
What this means: Florida requires a 7-day notice before you can file for eviction over a lease violation other than unpaid rent.
Read from the statute text (verified 2026-09-22)
Ending a month-to-month tenancy
Authority: Fla. Stat. § 83.57(3)
When the tenancy is from month to month, by giving not less than 30 days' notice prior to the end of any monthly period
What this means: Florida requires 30 days' notice to end a month-to-month tenancy.
Read from the statute text (verified 2026-09-22)
Abandoned property
If a tenant leaves personal property behind after vacating, Florida allows landlords to handle abandoned property after 10 days of apparent abandonment. Procedures vary — many states require written notice and a public or private sale with proceeds held for a statutory period.
Frequently asked questions
How many days' notice do I need to give before evicting for nonpayment in Florida?
Florida law requires a 3-day notice for nonpayment of rent. The tenant typically has those 3 days to either pay the full amount owed or vacate before you can file in court. See Fla. Stat. § 83.56.
How long does an eviction take in Florida?
An uncontested eviction in Florida typically takes about 45 days from notice to sheriff's lockout. Contested cases, tenant bankruptcy, or court backlogs can add weeks or months.
Can I evict a tenant at the end of their lease in Florida without cause?
Florida generally allows landlords to end a tenancy at the close of a fixed-term lease or with proper notice to a month-to-month tenant, without needing to show fault. Local ordinances may add requirements — confirm with an attorney if you're in a large city.
Can I change the locks or shut off utilities to force a Florida tenant out?
No. Self-help evictions — changing locks, removing belongings, shutting off utilities — are illegal in Florida and every other US state. Only a court order and a sheriff or constable can legally remove a tenant. Self-help exposes you to damages and statutory penalties.
What happens if my Florida tenant files for bankruptcy during eviction?
A bankruptcy filing triggers an automatic stay that halts the eviction, even if you have a judgment. You'll generally need to file a motion for relief from the automatic stay in bankruptcy court before resuming. Bankruptcies add weeks or months — factor this into your risk assessment.
Handling evictions in Florida with LandlordPro
LandlordPro is built to keep you on the right side of Florida's procedural rules. The notice wizard asks a few questions, drafts a notice using the number of days and language on file for this state; verify it against the current statute before serving, and logs proof of service. If the case proceeds to court, LandlordPro's eviction timeline tracks every deadline and its tenant records bundle feature assembles an attorney-review-ready PDF with a plain-English AI records summary of the case — a tool no other landlord software offers.
Create your first Florida notice →
Raising the rent: Florida requires 30 days' notice before a rent increase (via the month-to-month notice rule). Florida rent increase laws →
Late rent: Florida sets no cap on late fees. Florida late fee laws →
Related: Florida security deposit law — limits & return deadlines · What an eviction costs in every state
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