Florida Eviction Attorney

The Florida Eviction Process

In Florida, residential evictions are governed primarily by Chapter 83, Part II of the Florida Statutes. While each case varies, residential eviction actions typically proceed through three stages: statutory notice, court filing, and enforcement through writ of possession. Precision at each stage determines both timeline and outcome.

Step 1: Statutory Notice

Every Florida eviction begins with proper written notice. Without valid notice, a court will dismiss the case — regardless of the tenant’s default. The type of notice required depends on whether the issue involves nonpayment of rent or a non-monetary lease violation. Chapter 83 of the Florida Statutes governs timing, required language, and delivery methods. Technical defects at this stage are among the most common reasons eviction cases are dismissed or delayed.

3-Day Notice to Pay or Quit (Nonpayment of Rent)

When a tenant fails to pay rent, the landlord must serve a three-day notice demanding payment or possession. The notice must:

• State the exact amount of rent owed

• Exclude late fees, utilities, or other non-rent charges unless properly defined as “rent” under the lease

• Exclude weekends and legal holidays in calculating the three-day cure period

• Track statutory language precisely

• Be properly delivered in accordance with Florida law

Partial Rent Payments & Waiver Risk. After a three-day notice is served, landlords should be cautious about accepting partial payments. Depending on timing and circumstances, accepting rent can waive the notice, require re-service, or materially affect a pending eviction case. Where payment discussions arise, the safest approach is to document terms clearly and ensure the landlord’s enforcement rights are preserved.

7-Day Notice (Lease Violations)

For lease violations other than nonpayment, Florida law generally requires a seven-day notice. The structure of the notice depends on whether the violation is curable.

Seven-Day Notice with Opportunity to Cure

Used for correctable violations such as unauthorized occupants, minor pet violations, parking breaches, or other remediable lease noncompliance. The tenant has seven days to cure the violation. If properly cured within that period, eviction cannot proceed on that basis.

7-Day Notice Without Opportunity to Cure

Used for serious or repeated violations. In these cases, no opportunity to cure is provided. Examples include:

• Destruction of property

• Unreasonable disturbance

• Criminal activity

• Repeat noncompliance within a 12-month period.

Step 2: Filing the Eviction Lawsuit

If the tenant fails to comply with notice, a lawsuit for possession is filed. In nonpayment cases, landlords may pursue:

• Count I: Possession

• Count II: Damages (Unpaid Rent and/or Property Damage)

In residential nonpayment cases, tenants have five days (excluding weekends and legal holidays) to respond to the eviction count (possession) and must deposit rent into the court registry to contest. Failure to deposit rent may result in default. Tenants have twenty days to respond to the damages count (unpaid rent and/or property damage). The possession claim and damages claim proceed on separate procedural tracks, meaning a landlord may obtain possession even while monetary claims remain pending.

Step 3: Final Judgment & Writ of Possession

If the tenant fails to respond or fails to deposit rent into the registry, the landlord may move for default and final judgment for possession.

One judgment is entered:

• The court issues a Writ of Possession

• The sheriff posts a 24-hour notice at the property

• After 24 hours, the sheriff restores possession to the landlord

Only the sheriff may physically remove occupants. Landlords may not do so independently. Attempting removal without a writ of possession can expose the landlord to statutory liability.

No “Self-Help” Evictions

Florida law strictly prohibits self-help eviction. Even when a tenant has clearly defaulted, recovery of possession must occur through court process.

A landlord may not:

• Change locks

• Shut off utilities

• Remove doors or windows

• Remove tenant property

• Use threats or force to remove occupants

Improper self-help actions can expose landlords to damages, statutory penalties, and attorney’s fees.

Security Deposits After Eviction

Eviction does not eliminate statutory deposit obligations.

Under Florida Statute § 83.49, if a landlord intends to impose a claim against a residential security deposit:

• Written notice must be sent within 30 days of vacating

• The notice must state the amount and reason for the claim

• The tenant has 15 days to object in writing

Security deposit compliance is separate from the eviction judgment. If the landlord fails to provide proper notice within 30 days, the right to impose a claim may be forfeited.

Commercial Evictions

Commercial evictions follow similar procedural structure but are governed primarily by lease terms. Commercial leases often include detailed default provisions, acceleration clauses, personal guaranties, attorney’s fee provisions, and notice requirements that differ from residential statutes.

Because commercial cases frequently involve larger balances, personal guaranties, and complex default provisions, enforcement strategy should be aligned with the lease structure from the outset.

How Long Does an Eviction Take in Florida?

Uncontested residential nonpayment cases may resolve in approximately 3–5 weeks. Contested cases, defective notices, service issues, or procedural disputes can extend timelines significantly. Commercial cases vary based on lease structure and defenses raised.

Early legal involvement reduces dismissal risk and protects enforcement timelines.

When to Contact an Eviction Attorney

Landlords should seek counsel when:

• Tenants stop paying rent

• Lease violations persist

• Significant arrears accrue

• Notices were previously mishandled

• Registry deposits are contested

• Commercial tenants default

• Property damage is involved

Regain Possession Through Lawful Process

Evictions are not informal negotiations — they are statutory actions governed by deadlines and procedural requirements. If you are preparing to serve notice or have already encountered resistance, disciplined legal execution protects your timeline and position.

Schedule a consultation to assess next steps.