Florida Eviction Process: Step by Step for Tenants
The florida eviction process has three steps, and the landlord must follow each one. The landlord must serve a written notice, go to county court, and wait for the sheriff.
TL;DR: The florida eviction process starts with a written notice from the landlord. Next, the landlord may file an eviction complaint in county court, and the clerk mails a summons. If the court rules for the landlord, the county sheriff carries out a writ of possession after a 24-hour notice.
The florida eviction law for landlord and tenant sits in Part II of Chapter 83, Florida Statutes. These rules cover a home or apartment you rent to live in.
Each state has its own rules, so check the law where you live. This article covers Florida only, and it is for a tenant in florida.
How does a florida eviction procedure start?
The florida eviction procedure starts with a written notice from the landlord. For non-payment of rent, the written notice gives 3 court days to pay or vacate.
The 3 days skip Saturday, Sunday, and legal holidays under Section 83.56(3). The three-day notice must list the amount owed and set a date by which the tenant must pay.
For other lease breaks, the written notice gives 7 days under Section 83.56(2). You may cure some lease breaks within the 7 days, but not others.
For a month-to-month lease with no fixed end, the landlord may end the tenancy. The landlord must give at least 30 days of written notice under Section 83.57.
What is a florida eviction summons?
A florida eviction summons is the paper the clerk mails or serves on you. The clerk of court mails it after the landlord files a complaint with the clerk under Section 83.59. The summons is part of service of process.
The summons tells you to answer in 5 court days. It also tells you to pay back rent to the court registry under Section 83.60(2).
If the tenant fails to respond, you lose most defenses, and the court may issue a default. The clerk will issue a writ of possession.
What is the florida eviction timeline?
The florida eviction timeline depends on each step of the eviction case.
A 3-day notice runs for 3 court days, and a 7 day notice runs for 7 days. These rules sit in Section 83.56.
After the landlord files, you have 5 court days to answer and pay rent. That rule is in Section 83.60(2).
After a final judgment for the landlord, the clerk issues a writ of possession from the clerk. The county sheriff posts a notice of eviction, 24 hours long, at the home.
The 24 hours run straight, even on Saturday, Sunday, and legal holidays, under Section 83.62. Court delays can change the florida eviction timeline, and a contested eviction can add weeks.
What are my florida eviction tenant rights?
Florida law gives renters many rights in an eviction case. Here are your florida eviction tenant rights, step by step.
- You have a right to proper written notice under the lease agreement. The landlord must follow Section 83.56 and Section 83.57.
- You have a right to a court case in county court. The landlord must file an eviction complaint under Section 83.59, and only the county sheriff can put you out.
- You have a right to defend the case. You can raise tenant defenses, like a bad notice, under Section 83.60.
- You have a right against self-help by the landlord. Section 83.67 bars the landlord from cutting off power or changing locks.
- You have a right to be free of payback by the landlord. Section 83.64 bars an eviction filed to punish a tenant who asked for repairs.
Can a landlord evict me without a court order?
No, a landlord cannot force you out under Florida law. The landlord must file an eviction complaint under Section 83.59.
The court issues a final judgment after a hearing, and the clerk will issue a writ of possession. Only the county sheriff can put you out of the home.
If a landlord cuts off power or locks you out, Section 83.67 has a remedy. You may ask for 3 months of rent or your real losses, plus court costs.
The court may also post a quick order to stop the shutoff. Keep any texts, emails, or photos that show what the landlord did.
How long does an eviction take in florida?
How long does an eviction take in florida? The pace depends on each step in the case.
A 3-day notice runs for 3 court days, and a 7 day notice runs for 7 days. After the landlord files, you have 5 court days to answer and pay rent.
If the landlord wins, the sheriff posts a 24-hour notice at the home. The 24 hours count weekends and holidays.
A simple tenant eviction can finish in a few weeks. Defenses and hearings add time, since the court must set them.
How do I stop or fight an eviction in Florida?
Start by reading the notice and the summons line by line. Then answer the court on time, in writing.
Under Section 83.60(2), you must pay the rent into the court registry within 5 court days of service of process. The clerk's office can tell you how to pay the funds.
If you miss the 5-day rule, you lose most defenses in the case. The court may issue a default, and a writ of possession will follow.
If you cannot pay the full amount, you can file a motion with the court. The motion asks the court to set the right amount, and you must file it within 5 court days too.
A legal aid group near you may help with your eviction case. The court's website often lists such groups by county.
What this article does not cover
- Advice about your own case or facts
- Rent as a debt you may still owe past this notice
- Mobile home park evictions, which fall under a different Florida chapter
- Federal rules for Section 8 and other housing programs
- Suits for money damages beyond what this part of chapter 83 allows
Related articles on this site:
- The florida landlord tenant code sets out the basic rules for renters.
- If your landlord kept your security deposit, see our guide on that topic.
Frequently asked questions
How long does an eviction take in Florida?
Each case is different. A 3-day notice runs 3 court days, and a 7 day notice runs 7 days. After the landlord files, you have 5 court days to answer the court.
Do I get 30 days to move out after an eviction?
No, the florida eviction law does not give you 30 days to move out after a loss. The clerk will issue a writ of possession, and the county sheriff posts a 24-hour notice at the home. The 24 hours run on weekends and legal holidays under Section 83.62.
Can a landlord evict me without a court order?
No, a landlord must file an eviction complaint in county court under Florida law. Only the sheriff can put you out. Section 83.67 bars the landlord from cutting off power or changing locks.
How do I stop or fight an eviction in Florida?
Answer the court on time under Section 83.60(2). You must pay the rent into the court registry within 5 court days of service of process. You can then raise tenant defenses, like a bad notice, in county court.
Educational only. Not legal advice.
Nothing here is legal services or advice about your situation. I am not available to represent you or to review your case. Reading this article does not create an attorney-client, fiduciary, or advisory relationship. Landlord-tenant law and consumer-protection statutes vary by state. Verify every rule, deadline, and remedy against the law where you live. If you have a problem like the one described above, the strongest protection is a tenant-rights or landlord-tenant attorney licensed in your state. Many consumer-protection statutes include fee-shifting and damages multipliers, which often makes representation affordable.