What is the eviction process in Florida?

1. Statutory Framework. Residential eviction in Florida is governed by the Florida Residential Landlord and Tenant Act, Fla. Stat. Ch. 83 Part II (§§ 83.40-83.683).

2. Pre-Filing Notice. Nonpayment requires a 3-day notice to pay or quit, excluding Saturdays, Sundays, and legal holidays (Fla. Stat. § 83.56(3)). Curable lease violations require 7 days to cure; non-curable breaches (intentional damage, repeated violations) use a 7-day unconditional notice. No-cause termination of a month-to-month tenancy requires 30 days under § 83.57.

3. Filing the Complaint. Landlord files a complaint for possession in county court where the property sits. Filing fee is approximately $185 plus service ($40 sheriff or process server fee).

4. Tenant Answer / Default. Tenant must answer within 5 days of service (excluding weekends/holidays) and, if contesting nonpayment, deposit rent into the court registry under § 83.60(2) or face waiver of defenses and default.

5. Hearing. Summary procedure under Fla. R. Civ. P. 1.510 applies; hearings often within 2-4 weeks. Defenses include warranty of habitability (§ 83.51), retaliation (§ 83.64), and federal Fair Housing Act discrimination.

6. Writ of Possession. After judgment, clerk issues a writ of possession; sheriff posts a 24-hour notice to vacate before executing the lockout (§ 83.62).

7. Self-Help Prohibition. Fla. Stat. § 83.67 prohibits utility shutoffs, lockouts, and removal of doors, locks, or personal property. Violations subject the landlord to actual and consequential damages or 3 months' rent (whichever is greater) plus fees.

8. CARES Act. Federally-backed properties require a 30-day notice to vacate under 15 U.S.C. § 9058 before a nonpayment filing.

9. Just-Cause. Florida does not have statewide just-cause eviction; landlords may terminate month-to-month tenancies with proper notice for any non-discriminatory reason.

This is legal information, not legal advice.