Florida · Eviction process

The Florida eviction process: a step-by-step guide for 2026.

Florida has one of the more landlord-friendly eviction frameworks in the US — uncontested cases can resolve in 3–6 weeks. But the process is strictly sequential, and one procedural error — a wrong notice amount, a missed court holiday, a defective service — resets the clock. Here is what Chapter 83 of the Florida Statutes actually requires.

⚠️ This page provides general legal information, not legal advice. Laws change and individual circumstances vary. Consult a licensed attorney for guidance on your specific situation.

Florida eviction at a glance

Florida evictions are governed by Chapter 83, Florida Statutes (Fla. Stat. §§ 83.40–83.683). The process requires a written predicate notice before filing, a complaint filed with the County Court, Sheriff or process server delivery of the summons, a 5-business-day tenant response window, and — if no response — a default judgment followed by a Writ of Possession executed by the Sheriff. Self-help eviction (changing locks, removing belongings, shutting off utilities) is illegal under Florida law and exposes the landlord to treble damages.

Step 1 — Determine the correct notice type

Before you file anything, you need to serve the right written notice. Florida uses different notices for different situations, and serving the wrong one is one of the most common reasons cases get dismissed.

Situation	Required notice	Notice period	Statute
Tenant failed to pay rent	3-Day Notice to Pay or Quit	3 business days (excl. weekends + court holidays)	§ 83.56(3)
Tenant violated lease (curable)	7-Day Notice to Cure or Vacate	7 days to fix the violation	§ 83.56(2)(b)
Tenant violated lease (incurable / repeated)	7-Day Unconditional Quit Notice	7 days, no cure opportunity	§ 83.56(2)(a)
Month-to-month tenancy termination	30-Day Notice to Vacate	30 days before end of rental period	§ 83.57
Occupant with no lease, no rent paid	No predicate notice required	File unlawful detainer directly	Ch. 82

!2025 update: electronic notice is now permitted

Effective July 1, 2025, Florida HB 615 allows landlords to deliver eviction notices by email — but only if the lease or a signed addendum specifically authorizes electronic delivery and the tenant has agreed in writing. This does not apply to official court documents (summons, complaint, writ). If your lease does not have a signed electronic notice addendum, use personal delivery or door posting plus certified mail.

Email notice requires prior written consent in the lease
Court documents (summons, complaint) still require physical service
When in doubt: serve physically and treat email as supplemental

Step 2 — Serve the notice correctly and count the days

For a 3-day notice, the count begins the day after delivery and excludes Saturday, Sunday, and holidays observed by the Clerk of Court — not standard calendar holidays. Miami-Dade, Broward, and Collier Counties each publish their own court holiday schedules. Verify the exact deadline against your county's schedule before filing.

Valid delivery methods under Fla. Stat. § 83.56(4): personal delivery to the tenant; delivery to a person of suitable age at the premises plus mailing; or posting on the main entry door plus mailing, if the tenant is absent. Keep a dated copy of the notice and document every delivery step.

Step 3 — File the eviction complaint with the County Court

If the tenant does not comply within the notice period, file a Complaint for Removal of Tenant with the County Court in the county where the property is located. The complaint must attach the lease (or state there is none), the predicate notice, and proof of service of the notice.

County	Filing fee	Summons fee	Court address
Miami-Dade	$185	$10/summons	175 NW 1st Ave, Miami, FL 33128
Broward	$185	$10/summons	201 SE 6th St, Fort Lauderdale, FL 33301
Collier	$185	$10/summons	3315 Tamiami Trail E, Naples, FL 34112
Palm Beach	$185	$10/summons	205 N Dixie Hwy, West Palm Beach, FL 33401
Hillsborough	$185	$10/summons	800 E Twiggs St, Tampa, FL 33602
Orange	$185	$10/summons	425 N Orange Ave, Orlando, FL 32801

Florida uses summary procedure under Fla. Stat. § 51.011 for residential evictions, which sets expedited timelines. Once the complaint is filed, the Clerk assigns a case number and the Court issues a Summons directing the tenant to respond within 5 business days.

Step 4 — Have the summons served on the tenant

The summons and complaint must be served by the county Sheriff's Office or a certified private process server. The landlord cannot serve papers themselves. Service fees vary by county:

County	Sheriff service fee per defendant	Writ of possession execution
Miami-Dade	$40	$115
Broward	$55	$90
Collier	$40	$90
Palm Beach	$40	$90
Hillsborough	$40	$90
Orange	$40	$90

!Miami-Dade Sheriff payment requirement

The Miami-Dade Sheriff's Office Court Services Bureau requires payment by check from a Miami-Dade County banking institution with your name and address pre-printed on the check. Out-of-state checks, money orders from outside the county, and checks without a pre-printed address are rejected at the counter.

Must be check from Miami-Dade County bank
Name and address must be pre-printed (not handwritten)
Payable to: 'Miami-Dade County Sheriff'

Step 5 — Wait for the tenant's response (5 business days)

After service, the tenant has 5 business days (excluding weekends and court holidays) to file a written response with the Clerk. If the tenant deposits the amount of rent into the court registry and files a motion, the case proceeds to hearing. If the tenant pays the full rent owed directly to the landlord, the eviction grounds are cured and you must accept payment under Fla. Stat. § 83.56(3).

Step 6 — Default judgment or hearing

If the tenant files no response within 5 business days: file a Motion for Default with the Clerk. The Clerk enters a default and the Court issues a Final Judgment for Possession — typically within a few days. If the tenant responds and contests the case, the Court schedules a hearing, usually within 2–4 weeks in most Florida counties.

Step 7 — Writ of Possession and Sheriff enforcement

After judgment, the Clerk issues a Writ of Possession. The Sheriff posts a 24-hour notice on the property, then returns to physically restore possession to the landlord if the tenant has not vacated. The landlord must be present or send an authorized representative when the Sheriff executes the writ.

1
Serve the correct predicate notice
3-day for nonpayment, 7-day for lease violations, 30-day for month-to-month termination. Document delivery method and date. Count days correctly using your county's court holiday schedule.
Fla. Stat. § 83.56
2
File Complaint for Removal of Tenant
File with the County Court in the county where the property is located. $185 filing fee + $10 per summons. Attach lease and predicate notice as exhibits.
Fla. Stat. § 83.59
3
Have summons served by Sheriff or process server
Sheriff charges $40–55 per defendant depending on county. Private process server is faster (typically $50–150). Cannot serve yourself.
5-day response window begins after service
4
Apply for default judgment if no tenant response
If tenant files no response within 5 business days: file Motion for Default with Clerk. Default judgment typically issued within days.
Or attend hearing if tenant contests
5
Obtain Writ of Possession
After judgment, Clerk issues Writ. Sheriff posts 24-hour notice, then executes. Miami-Dade writ fee: $115. Broward/Collier: $90.
Be present or send authorized representative

Preparing your Florida eviction case?

Counsel organizes your facts, identifies the correct notice type for your situation, and builds a court-ready timeline — so you file clean the first time.

Start free assessment →

The most common mistakes that get Florida evictions dismissed

Wrong notice amount — including late fees or utilities that are not defined as rent in the lease
Miscounting the 3-day period — not checking the county Clerk's court-observed holiday schedule
Missing required notice elements — no landlord phone number (Miami-Dade), no county in the address
Filing too early — submitting the complaint before the notice period expires
Accepting partial rent after the notice without following proper procedures under § 83.56(5)
Wrong action type — filing eviction when the occupant has no lease (should be unlawful detainer under Ch. 82)
Improper service — using a method not permitted under § 83.56(4)

When to consult a Florida attorney before proceeding

The property is subsidized housing, Section 8, or subject to any local rent control
The tenant has filed an HPD complaint or raised habitability defenses
The tenant claims an ownership interest or right to possession beyond a standard tenancy
There is any history of domestic violence, active restraining orders, or police involvement
The case becomes contested — an attorney must appear at hearing if the landlord is a corporation or LLC
The tenant has filed for bankruptcy — eviction is automatically stayed by the bankruptcy filing

Frequently Asked Questions

How long does an eviction take in Florida?

An uncontested Florida eviction — where the tenant files no response — typically takes 3 to 6 weeks from serving the predicate notice to Sheriff writ execution. The main stages: 3-day notice period, filing and service (3–5 days), 5-business-day tenant response window, default judgment processing (3–7 days), and Sheriff writ execution (1–2 weeks after judgment). Contested cases where the tenant files an answer and demands a hearing typically run 6–12 weeks. Miami-Dade cases can take longer due to higher court volume.

How much does it cost to file an eviction in Florida?

The standard filing fee is $185 with most Florida County Courts, plus $10 per summons. Add Sheriff service fees ($40–55 per defendant depending on county) and, if the case goes all the way to writ execution, $90–115 for the Sheriff to execute the writ. A straightforward uncontested eviction handled without an attorney typically costs $280–380 in court fees. Attorney-handled cases add $500–2,500 depending on complexity.

Can I include late fees in a Florida eviction notice?

Only if your lease specifically defines late fees as additional rent. Standard late fees are not rent under Florida law — including them in the notice amount overstates the demand and can render the notice defective. A defective 3-day notice is grounds for case dismissal. Use the exact monthly rent amount only, unless your lease has specific language designating late charges as rent.

What is the difference between eviction and unlawful detainer in Florida?

Eviction under Chapter 83 applies when there is a landlord-tenant relationship — the person had a lease (written or verbal) and paid rent. Unlawful detainer under Chapter 82 applies when an occupant has no lease and pays no rent — they were a guest or licensee. The key practical difference: eviction requires a predicate notice before filing; unlawful detainer does not. Filing the wrong action is one of the most common reasons Florida occupancy cases get dismissed.

Can a Florida tenant stop an eviction by paying rent?

Yes — under Fla. Stat. § 83.56(3), if the tenant pays the full amount of rent owed before the 3-day notice period expires, the landlord must accept payment and cannot proceed with eviction. Even after filing, a tenant can deposit the full amount into the court registry to contest the case. However, partial payment does not cure the default — if the tenant pays less than the full amount owed, the landlord can continue the eviction for the unpaid balance.

Ready to understand your situation?

Our free assessment takes about 3 minutes and gives you a plain-English summary of your rights and next steps.

Start free assessment