✓ Law Verified June 2026
Facing eviction in Florida? This guide explains the florida eviction process step by step — the exact notice periods, the court timeline, your defenses, and what your landlord legally cannot do. All figures are from Florida law, verified as of June 2026.
In This Florida Guide:
Florida Eviction Notice Periods
Before a landlord can file an eviction lawsuit in Florida, they must serve you a written notice. The number of days depends on the reason:
| Reason for Eviction | Notice Period |
|---|---|
| Nonpayment of rent | 3 business days (excludes weekends and legal holidays). The 3-day notice demands the tenant pay in full or vacate — there is no right to cure partial payment. Under Florida Statute 83.56(3), the landlord must deliver a written 3-day notice before filing suit. |
| Lease violation | 7 days for curable violations (tenant gets 7 days to fix the issue). For material or repeated violations that cannot be cured, the landlord may deliver a 7-day unconditional quit notice with no opportunity to fix the problem. Governed by Florida Statute 83.56(2). |
| No-cause / end of tenancy | 30 days for month-to-month tenancies (amended from 15 days effective January 1, 2024 by HB 1417). The notice must be given at least 30 days before the end of any monthly rental period. For week-to-week tenancies, 7 days’ notice is required. Florida does allow no-cause termination of at-will and month-to-month tenancies. Governed by Florida Statute 83.57. |
| Holdover tenant | No separate holdover notice period exists in Florida. A tenant who stays past the end of a lease is considered a holdover tenant. The landlord may proceed directly with an eviction complaint after the lease expires and the tenant refuses to leave — though many landlords choose to deliver a written demand to vacate first. If the tenancy has converted to month-to-month, the 30-day no-cause notice applies. |
| Tenant must respond within | 5 business days (excluding Saturdays, Sundays, and legal holidays) from the date of service. Under Florida Statute 51.011, the tenant must file an answer with the clerk of court within 5 days. CRITICAL: In nonpayment cases, the tenant must also deposit all past-due rent AND any rent that comes due during the case into the court registry when filing the answer. Failure to deposit rent into the registry may result in the court striking the tenant’s defenses and entering a default judgment for the landlord. |
| Realistic total timeline | 21 to 45 days for an uncontested eviction (3-day notice + 5-day answer period + court processing and judgment + 24-hour writ). Contested evictions where the tenant files an answer and raises defenses can take 60 to 90 days or longer. The realistic midpoint for a typical uncontested nonpayment case is about 30 days from initial notice to lockout. |
How the Eviction Lawsuit Is Filed in Florida
The landlord files an eviction complaint (action for possession) in the county court where the rental property is located, under Florida Statute 83.59. The typical filing fee is 185 (varies slightly by county), plus a 10 summons issuance fee per defendant. The court issues a summons to the tenant under summary procedure (Florida Statute 51.011). The landlord must attach a copy of the notice served to the tenant.
Hearing timeline: Florida uses summary procedure for evictions, meaning the process moves faster than a standard civil case. After the tenant is served, the court may schedule a hearing within 7 to 14 days. If the tenant does not file an answer, the landlord may seek a default judgment for possession without a hearing.
Contested cases may take longer, with hearings scheduled within 2 to 4 weeks of the tenant’s answer.
Writ of possession / lockout: After the court enters a final judgment in favor of the landlord, the landlord requests a writ of possession from the clerk. The sheriff posts the writ on the tenant’s door, giving the tenant 24 hours to vacate.
After 24 hours, the sheriff may return to physically remove the tenant and their belongings. The writ execution fee ranges from 90 to 150 depending on the county.
Tenant Defenses Against Eviction in Florida
Depending on your situation, you may be able to raise defenses such as:
- Florida tenants may raise several defenses to an eviction: (1) Improper notice — the landlord’s notice was defective
- did not include required language
- was not properly delivered
- or did not give the full statutory time period
- (2) Breach of habitability — the landlord failed to maintain the property in compliance with building
- housing
- and health codes under Florida Statute 83.51
- including issues like mold
- pest infestations
- plumbing failures
No defense is guaranteed — but raising a valid one can delay or stop the eviction.
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What Your Landlord CANNOT Do
In Florida, a landlord cannot evict you without a court order. Florida law strictly prohibits landlord self-help evictions. Under Florida Statute 83.67, a landlord CANNOT: (1) Change the locks or remove doors to prevent the tenant from entering the property; (2) Shut off utilities including electricity, water, gas, or any essential service — even if the tenant owes rent; (3) Remove the tenant’s personal belongings from the property without a court order; (4) Physically threaten or intimidate the tenant to force them out; (5) Remove windows, doors, or other fixtures to make the unit uninhabitable.
Only a sheriff or constable may execute a court-ordered writ of possession. If a landlord commits any of these illegal acts, the tenant may recover actual damages or 3 months’ rent (whichever is greater), plus court costs and attorney fees under Florida Statute 83.67(6).
Free legal help: Florida tenants facing eviction can get free legal help from: (1) Florida Legal Services (FLS) Eviction Prevention Project — statewide assistance, visit floridalegal.org; (2) Jacksonville Area Legal Aid (JALA) — call (904) 356-8371; (3) Florida Rural Legal Services (FRLS) — serves rural areas, visit frls.org; (4) Legal Aid Society of Palm Beach County; (5) Community Legal Services of Mid-Florida; (6) Three Rivers Legal Services.
Tenants can also visit floridalawhelp.org to find a free legal aid provider in their area by zip code. Many county courthouses have self-help centers that provide eviction-related forms and basic guidance.
Other Florida eviction rules: (1) Rent deposit into court registry — Florida is one of the few states that requires tenants in nonpayment cases to deposit accruing rent into the court registry while the case is pending; failure to do so may result in automatic waiver of all defenses and an immediate default judgment; (2) Summary procedure — Florida evictions use expedited summary procedure under Statute 51.011 rather than standard civil litigation, meaning shorter deadlines and faster resolution; (3) The 3-day nonpayment notice excludes weekends and legal holidays from the count (business days only); (4) Month-to-month notice increased from 15 to 30 days effective January 1, 2024 under HB 1417; (5) Florida does not require landlords to be licensed to file evictions; (6) Florida does not have rent control — state law preempts local rent control ordinances under Statute 166.043; (7) No just-cause eviction requirement exists statewide — landlords may terminate month-to-month tenancies without stating a reason as long as proper notice is given; (8) Mobile home tenants have additional protections under Florida Statute Chapter 723, which has different notice requirements and eviction procedures than Chapter 83.
You May Also Like
Official Florida Sources & Resources
- Florida Courts / Judiciary: https://www.flcourts.gov
- Florida Eviction Statute: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083.html
- U.S. Department of Housing and Urban Development: hud.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
Understanding the Florida Eviction Process
The Florida eviction process follows a strict legal sequence — notice, then filing, then hearing, then judgment, then enforcement. A landlord who skips any step in the Florida eviction process is acting illegally, and you may have grounds to have the case dismissed. Understanding the Florida eviction process gives you the ability to spot errors in the notice, raise valid defenses, and buy time to find housing or legal help.
Never ignore an eviction notice — responding within the deadline is the most important step in the entire Florida eviction process.
This Florida eviction guide was last verified against official sources in June 2026. If you are facing eviction, contact a local legal-aid office immediately.
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Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.