Landlords want a clear and law-abiding way to regain their property, when rental problems or lease issues become a real problem. In Florida, they’ve got that with a court-approved eviction notice and a well-trodden path, and it’s all governed by Florida Statutes Chapter 83. This guide takes you step-by-step, from the right warning notice, to an eviction complaint, and to a writ of possession.
Key Takeaways
- Florida law calls for a three-day notice for non-payment of rent or a seven-day notice for a violation, so you can’t just kick out tenants, that would be illegal.
- When you do file, you’ll need to go through the clerk of court, prove ownership and pay a $185 filing fee plus service costs
- After service, your tenant gets five business days to cough up the rent or respond to the court, if they miss it a default judgment will be made against them.
- Then, the sheriff serves a writ of possession and the tenant usually has 24 hours to pack up and get out, but following the Chapter 83 guidelines avoids any chance of illegal lockouts and makes it go more smoothly.
Understanding the Eviction Process in Florida
Florida eviction cases run according to a set order, it’s like a checklist, fair and well-known to both you and the tenant.
Definition of an Eviction
An eviction is essentially a court case to claim back your rental property. Judges will only award the judgment, and only landlords, their lawyers or agents can argue for them.
Evictions are most often used for rent arrears, lease breaches, or tenant overstaying, written leases help sort things out, but oral agreements fall under Chapter 83, self-help tactics such as changing locks, or cutting off utilities can cost you three times the rent in unlawful detainer.
Retaliatory eviction is also off the table, and it’s illegal.
Legal Grounds for Eviction
You have to give a seven-day notice to the tenant if they’re having an unauthorized pet or guest, or if the lease is up. Coming to an end, when a lease is being broken. Staying beyond the expiration date will result in doubling of rent and additional fees, and if there isn’t a written lease, you can give a seven-day notice to a week-to-week renter and a thirty-day notice to a month-to-month renter.
Rent withholding is only allowed if the tenant sends a seven-day notice to you, itemizing the repairs that need to be made according to section 83.51, and those repairs remain unaddressed, but tenants can argue in court, claiming for example, that the notice wasn’t given properly.
Well-known fair housing laws shield tenants from getting retaliated against for speaking out about health and safety concerns.
Steps to Obtain an Eviction Notice from Court
Proceeding to an eviction, you go through three stages: the proper notice, filing the case, and serving the summons, after which the response period kicks in.
Serve the Initial Notice (3-Day or 7-Day Notice)
The notice, whether it’s a three-day notice for back rent, should list the full outstanding balance, demand payment or move out within three working days excluding weekends and public holidays. If a tenant receives the notice on Thursday, the deadline is Tuesday.
Unpaid rent and lease violations that aren’t related to rent need a seven-day notice to either fix or vacate. If there is no written lease and the rent is paid weekly, give a seven-day notice to end the tenancy, and thirty days to a monthly renter.
You can hand-deliver, post the notice on the property, or send it via certified mail, with a very clear move-out date, and keep a record of the delivery. If the tenant doesn’t sort things out by the deadline, you can file the eviction complaint under Florida Statutes Chapter 83, and include all the required documents.
File the Eviction Complaint with the Clerk of Court
The court staff will receive it, but won’t be able to give you any legal advice, when submitting your eviction case. They’ll issue a summons for a process server, who will deliver it to the tenant.
Pay Filing Fees and Serve the Summons
The filing fee is approximately $185, and you can pay it with cash, check, money order or Visa or Mastercard. There is an additional service charge, generally $10 per tenant, for the Sheriff or a certified process server. If your case involves multiple adult tenants, you’ll need to pay for each one. Starting October 1st, 2025, there will be a $7 fee for the Clerk’s Certificate of Mailing.
The summons will be sent to the rental address named in your filing, and the only people who can serve it are the Sheriff or a qualified process server, and proper service kicks off the five business day countdown. Coming fast on this will result in the deadline being moved forward.
Tenant’s Response Period
Timeframe for Tenant to Respond
Tenants have five business days after service to file a response, and the count starts the day after the summons was served, leaving out weekends and legal holidays.
They need to submit their answer on the pre-approved Florida form and put any rent they claim is owed into the court’s coffers, or if the amount is being disputed they can file a Motion to Determine Rent, and it will be notified in the court notices if it’s to be a video conference or face-to-face hearing.
Consequences of Failing to Respond
If there is no answer or rent deposit, the landlord may file a request for a default judgment and in many cases the judge will sign off on a Final Judgment of Eviction without even hearing from the tenant.
Final Judgment and Writ of Possession
The judge will determine who gets the property, and the sheriff will enforce that decision, when the eviction process in Florida has reached the final stage.
Requesting the Final Judgment
You can request a final judgment if the tenant has defaulted, or after a hearing, which includes a sworn affidavit of non-military service and a proposed judgment. Some judges make decisions without a hearing, but others will. Courts are increasingly using short Zoom hearings to accelerate the recovery of the rental unit.
If the tenant filed an Answer and/or paid rent, mediation and a hearing are likely. It would be wise to be prepared with proof of ownership, a very clear accounting of the rent that hasn’t been paid, and the terms of the lease, which a judge will need, and will also possibly include damages and court costs in the judgement.
When you’re getting ready to leave the courthouse, double-check the order. Anything you don’t understand, should be asked of the judge or the court clerk.
Issuing and Executing the Writ of Possession
After final judgment, the clerk will issue a writ of possession, and it is served by the Sheriff, basically guaranteeing the tenant has 24 hours to move out, and the tenant will have to pay for the service and any physical removal of their belongings.
If the tenant doesn’t leave, the Sheriff will remove anyone living in the property, change the locks, and leave the tenant’s belongings outside, and you may not be able to get back into the property, that’s according to Chapter 83 in the Florida Statutes.
Conclusion
It’s highly advisable to consult with a Florida housing attorney or a qualified property management professional, when facing a complex case.
The legal path to an eviction notice in Florida is clear if you follow the steps. Serve the right notice, file a proper eviction complaint with proof, pay fees, and complete service. If needed, request a final judgment and enforce it with a writ of possession. Done correctly, you protect tenant rights and regain your rental property faster under Florida Statutes Chapter 83.
This article is general information, not legal advice. Laws change, and local court practices vary. If your case is complex, talk with a Florida housing attorney or a qualified property management professional before you file. In Orlando, you can count on Guest Managers to handle all things related to your rental property, not only from advertising your rental, increasing occupancy rate, property maintenance, but also rent collection and handling the eviction.
FAQs
1. What steps must a landlord take before filing an eviction lawsuit in Florida?
A landlord must first give the tenant a legal notice, like a three-day notice for non-payment of rent or a seven-day notice for lease violation. This step is required by Florida Statutes Chapter 83 and applies to both monthly rent and weekly rent agreements.
2. How does the court process begin after serving an eviction complaint?
After giving proper notice, the landlord files an eviction complaint with proof of ownership and pays the filing fee at court. The case enters the court registry as part of official landlord/tenant actions.
3. What happens if tenants do not respond to an eviction lawsuit?
If tenants do not answer, landlords can file a motion for default or motion for final judgment. The judge may then issue a default judgment against the tenant, which could lead to recovering possession of the rental property.
4. Can tenants use defenses during an eviction case in Florida?
Yes; tenants have rights under Florida law and can raise tenant defenses such as retaliatory eviction claims, rent withholding due to repairs, or dispute over lease expiration terms.
5. What is a writ of possession in this context?
A writ of possession is issued by the court after final judgment if landlords win their case. It allows sheriffs to remove evicted renters from rental property so landlords regain control.
6. Are there special rules if I am representing myself without a lawyer (pro se)?
Yes; courts offer resources like landlord/tenant packets that explain each step clearly for pro se parties handling their own cases involving debt collection or credit cards related issues tied to unpaid rent or other disputes under rental agreement terms.
