How to Evict a Tenant in Florida (2026)
The legal steps for landlords in Florida — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In Florida a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| Unpaid rent | 3-day written notice to pay or vacate, excluding Saturdays, Sundays, and court-observed legal holidays, substantially in the statutory form. Source: Fla. Stat. § 83.56(3) |
|---|---|
| Lease violation | Curable violations: 7-day notice to cure (repeat within 12 months allows eviction without another chance). Non-curable violations (e.g., intentional damage, continued unreasonable disturbance, and, from October 1, 2026, fraudulent entry of the unit using false identity statements, forged documents or impersonation): 7-day notice to vacate with no cure. |
| Ending a month-to-month tenancy (no fault) | At least 30 days' written notice before the end of any monthly period, by either landlord or tenant. Week-to-week: 7 days; quarter-to-quarter: 30 days; year-to-year: 60 days. Source: Fla. Stat. § 83.57(3) |
Local rent-control or just-cause rules can limit evictions: Local rent control is prohibited. Counties and municipalities may not adopt or maintain any measure that would control rents; residential tenancy regulation is preempted to the state.
Step 2: Write and deliver the notice correctly
| What the notice must say | Written 3-day demand for rent or possession (excluding Saturdays, Sundays and court-observed legal holidays), substantially in the statutory form: 'You are hereby notified that you are indebted to me in the sum of ___ dollars for the rent and use of the premises (address of leased premises, including county), Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the ___ day of ___, (year),' followed by the landlord's name, address and phone number. Delivery: mail, hand delivery of a true copy, e-mail under § 83.505 (if agreed in writing), or, if the tenant is absent, leaving a copy at the residence. Cannot be waived in the lease. Source: Fla. Stat. § 83.56(3)-(4) |
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| How it must be delivered | Statutory notices to the tenant (3-day rent notice, 7-day cure/termination notices) must be delivered by mail, by handing over a true copy, by e-mail under § 83.505, or, if the tenant is away from the premises, by leaving a copy at the residence. E-mail notice (since 2025) is allowed only if both parties signed a lease addendum agreeing to e-mail notices and each gave an e-mail address. The addendum must say the choice is voluntary and can be revoked or updated. An e-mailed notice counts as delivered when sent unless it bounces, and the sender must keep a copy and proof of sending. Termination notices for month-to-month and other periodic tenancies use the same delivery methods. |
Notice forms:
- Florida notice to pay rent or quit — requirements and free draft
- Florida notice to end a month-to-month tenancy — requirements and free draft
Step 3: File the eviction case and go to the hearing
Eviction cases in Florida are heard in: County Court (summary procedure under Fla. Stat. § 51.011).
- 3-day notice to pay or vacate (nonpayment) or 7-day notice (lease violations) or 30-day notice (month-to-month)
- Landlord files complaint for possession in county court; tenant served with summons
- Tenant files a written answer within 5 days after service and, for any defense other than payment, deposits the alleged rent into the court registry
- If tenant fails to answer or deposit rent, default judgment and immediate writ of possession; otherwise hearing
- Judgment for possession; clerk issues writ of possession
- Sheriff posts 24-hour notice (weekends/holidays do not extend it), then puts landlord in possession; landlord may remove property to the property line
Court timing: Answer due within 5 days after service of process (§ 51.011(1)); rent must be deposited into the registry within 5 days excluding weekends and legal holidays (§ 83.60(2)).
Source: Fla. Stat. §§ 51.011, 83.56, 83.59-83.62
How long it takes to evict a tenant in Florida
For unpaid rent, the notice period is 3 court days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in Florida
Court filing and service fees are set locally. Verified fees in the largest Florida counties:
| County | Filing and service fees |
|---|---|
| Miami-Dade County (Miami) | $185 eviction filing fee; sheriff service of summons $40 each |
| Broward County (Fort Lauderdale) | $185 removal of tenant action; $10 per summons issued; sheriff service $40 per summons |
| Orange County (Orlando) | $185 county civil filing fee; $10 per summons; $40 per defendant served and $90 writ of possession (both paid to Orange County Sheriff's Office) |
| Hillsborough County (Tampa) | $185 eviction of a tenant; $10 per summons; sheriff service $40 per summons |
| Palm Beach County (West Palm Beach) | $185 eviction alone or with damages of $2,500 or less; $300 with damages over $2,500 up to $15,000; $400 with damages over $15,000; $10 per summons; $40 sheriff service per defendant; $90 writ of possession (Sheriff) |
| Duval County (Jacksonville) | $185 eviction (removal of tenant); $10 per summons; $7 writ of possession issuance; sheriff service $40 per summons |
| Pinellas County (St. Petersburg / Clearwater) | $185 removal of tenant (eviction only); $300 eviction with damages $2,500–$15,000; $400 with damages over $15,000; $10 per summons; $90 sheriff fee for writ of possession; sheriff summons service $40 |
| Polk County (Lakeland) | $185 tenant eviction (possession only); $10 per summons; $40 sheriff service per defendant; $90 writ of possession service (Sheriff) |
| Lee County (Fort Myers) | $185 tenant evictions; $10 per summons; Sheriff: $40 summons and complaint, $90 writ of possession |
| Volusia County (Daytona Beach) | $185 eviction, possession only; $185 possession & damages up to $50,000; $10 per summons; sheriff summons service $40 |
| Seminole County (Sanford) | $185 removal-of-tenant (eviction) filing fee; Sheriff summons service $40 per tenant; writ of possession service $90 |
| Brevard County (Melbourne) | $185 removal of tenant; $10 per summons issued |
| Leon County (Tallahassee) | $185 removal of tenant action |
| Pasco County (New Port Richey) | $185 eviction with no damages (non-monetary); $300 with damages up to $15,000; $400 with damages over $15,000 up to $30,000; $10 per summons issued ($17 if the Clerk prepares it); $90 writ of possession (payable to Pasco County Sheriff) |
| Alachua County (Gainesville) | $185 removal of tenant without money claims or with money claims up to $2,500; $300 with claims $2,501–$15,000; $400 with claims $15,001–$50,000; $10 per summons |
| Sarasota County (Sarasota) | $185 removal of tenant action; $10 per summons issued |
| Escambia County (Pensacola) | $185 eviction action; $10 summons per defendant; $90 writ of possession (payable to the Escambia County Sheriff) |
| Collier County (Naples) | $185 removal of tenant action (county court); $10 per summons |
| Lake County (Tavares) | $185 removal of tenant; $10 per summons issued; $40 Sheriff summons service per defendant; $90 writ of possession (payable to the Sheriff's Office) |
| St. Lucie County (Port St. Lucie) | $185 possession only; $185 with damages up to $2,500; $300 with damages $2,501–$15,000; $400 with damages $15,001–$50,000; $10 per summons |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | At least 30 days' written notice before the end of any monthly period, by either landlord or tenant. Week-to-week: 7 days; quarter-to-quarter: 30 days; year-to-year: 60 days. Source: Fla. Stat. § 83.57(3) |
|---|---|
| Someone who was never a tenant (squatter / unauthorized occupant) | Sheriff removal without a lawsuit. An owner (or authorized agent) of residential property may give the county sheriff a verified 'Complaint to Remove Persons Unlawfully Occupying Residential Real Property' (statutory form, signed under penalty of perjury, with ID or proof of agency) if: the occupants entered unlawfully and are living there; the property was not open to the public; the owner told them to leave; they are not current or former tenants under any owner-authorized lease; they are not immediate family; and no related litigation is pending. After verifying ownership, the sheriff serves a notice to immediately vacate (hand delivery or posting on the front door), puts the owner in possession, and may arrest for trespass or other crimes. Sheriff charges the writ-of-possession service fee, plus an hourly stand-by fee if requested. A person wrongfully removed may sue for restoration of possession, actual damages, triple the fair market rent, costs and attorney's fees. Source: Fla. Stat. § 82.036 |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | Landlord may not interrupt utilities (water, heat, light, electricity, gas, elevator, garbage, refrigeration), change locks or use a bootlock, remove doors/windows/locks, or remove the tenant's property except after surrender, abandonment, or lawful eviction. Tenant recovers the greater of actual and consequential damages or 3 months' rent, plus costs and attorney's fees. Source: Fla. Stat. § 83.67 |
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| Retaliation | Landlord may not discriminatorily raise rent, reduce services, or sue/threaten to sue for possession primarily because the tenant in good faith complained to a government agency about code violations, organized or joined a tenant organization, complained to the landlord under § 83.56(1), exercised servicemember termination rights, paid an association after demand, or exercised fair housing rights. No statutory presumption period. Not a defense if the eviction is for good cause such as nonpayment or lease violations. Source: Fla. Stat. § 83.64 |
| Accepting rent after the notice | Yes, as a rule. A landlord who accepts rent with actual knowledge of the tenant's noncompliance waives the right to terminate or sue for that noncompliance (but not for later or continuing noncompliance). Accepting the full past-due rent, knowing of the nonpayment, waives the right to evict for that unpaid rent. Accepting PARTIAL rent does not waive, but if partial rent is accepted after the 3-day notice is posted, the landlord must (1) give a receipt showing the date, amount, agreed date and balance due, (2) deposit the partial payment into the court registry when filing, or (3) post a new 3-day notice for the new amount. For government rent subsidies, waiver occurs only if no action is filed within 45 days after the landlord learns of the noncompliance. |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
Florida eviction FAQ for landlords
How much notice does a landlord have to give to evict for unpaid rent in Florida?
3-day written notice to pay or vacate, excluding Saturdays, Sundays, and court-observed legal holidays, substantially in the statutory form.
How much does it cost to evict a tenant in Florida?
Court fees are set locally — for example, Miami-Dade County (Miami): $185 eviction filing fee; sheriff service of summons $40 each.
Can a landlord change the locks to evict a tenant in Florida?
Landlord may not interrupt utilities (water, heat, light, electricity, gas, elevator, garbage, refrigeration), change locks or use a bootlock, remove doors/windows/locks, or remove the tenant's property except after surrender, abandonment, or lawful eviction. Tenant recovers the greater of actual and consequential damages or 3 months' rent, plus costs and attorney's fees.
How do you evict a tenant without a lease in Florida?
At least 30 days' written notice before the end of any monthly period, by either landlord or tenant. Week-to-week: 7 days; quarter-to-quarter: 30 days; year-to-year: 60 days.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.