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What is the eviction process in Florida?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Florida residential eviction is governed by Chapter 83, Part II (Florida Residential Landlord and Tenant Act).

1. Notice

  • Nonpayment: 3-day notice to pay rent or vacate (Fla. Stat. § 83.56(3)), excluding Saturdays, Sundays, and legal holidays.
  • Curable lease violation: 7-day notice to cure (§ 83.56(2)(b)).
  • Non-curable violation (intentional damage, repeat noncompliance): 7-day unconditional quit (§ 83.56(2)(a)).
  • No-cause month-to-month termination: 30 days written notice (§ 83.57(3)).

    • 2. Filing the Eviction Complaint

    Landlord files a complaint for tenant eviction in the county court of the county where the property sits. Filing fee is $185 plus $10 summons issuance and $40 sheriff service per defendant.

    3. Service and Response

    Tenant must be served by sheriff or certified process server. Tenant has 5 business days to file a written answer (§ 83.60(2)). If the eviction is for nonpayment, tenant must deposit accrued rent into the court registry to be heard on defenses; failure results in immediate default.

    4. Trial

    If tenant answers and complies with the registry requirement, the court sets a hearing usually within 20-30 days. Either party may demand a jury.

    5. Judgment and Writ of Possession

    If landlord wins, court enters final judgment for possession and clerk issues a 24-hour writ of possession (§ 83.62). Sheriff posts the writ.

    6. Sheriff Lockout

    Sheriff returns at least 24 hours after posting to execute the writ and remove the tenant.

    7. Tenant Defenses

    Warranty of habitability with proper 7-day notice and registry deposit (§ 83.60(1)(b)), retaliatory conduct (§ 83.64), discrimination, improper or defective notice, rent already paid, and waiver.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You cannot deposit disputed rent into the registry
    • Property is uninhabitable
    • Landlord retaliated for code complaints
    Related Statutes & Laws
    • Fla. Stat. § 83.56
    • Fla. Stat. § 83.57
    • Fla. Stat. § 83.60
    • Fla. Stat. § 83.62
    • Fla. Stat. § 83.64

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.