Answers to the questions landlords ask most often about the Florida eviction process.
FLA Evictions represents landlords, property owners, and property managers in eviction proceedings throughout Miami-Dade County and Broward County and statewide Florida. We never represent tenants. The questions below reflect what landlords ask us most often before starting the eviction process.
The appropriate notice depends on the tenancy, reason for possession, lease and applicable requirements. We review the available records before confirming the appropriate notice and next steps. See our Florida notice resources.
A defective notice can delay an eviction. Florida Statute 83.60(1)(a) requires an opportunity to cure a notice or pleading deficiency before dismissal in the proceedings it covers. The appropriate correction depends on the defect and the stage of the case. We review notices before filing.
For a notice delivered on Wednesday, Thursday is day 1, Friday day 2 and Monday day 3, assuming no court-observed holidays. The full notice period must expire before filing, so Tuesday is the earliest filing day in that example. Confirm any timing requirements associated with the delivery method.
For a residential nonpayment notice, payment of all rent demanded within the notice period generally cures that nonpayment. A partial payment is different: accepting it does not automatically waive the right to proceed, but section 83.56(5)(a) requires specific steps after partial rent is accepted following a posted notice. Tell the attorney the amount and date received, the remaining balance, and whether a case is already pending before taking the next step. Speak with the attorney before accepting or agreeing to payments in a pending case. Read the partial-payment options.
There is no guaranteed completion date. Timing depends on the required notice, service of the summons, the tenant’s response, any court-registry issues, the court’s calendar, and the sheriff’s availability. We explain the next procedural step after reviewing the case documents.
The court issues a summons. The summons and complaint are served on the tenant by the sheriff or a certified process server. Under Florida summary eviction procedure, the tenant has 5 business days to file a written response. If the tenant does not respond, the landlord files for default judgment. If the tenant responds, the attorney reviews the response, applicable court-registry requirements and court orders before deciding whether to request a ruling or prepare for a hearing.
In residential possession cases, a tenant generally must deposit the required rent or file a supported motion to determine rent within five days after service, excluding Saturdays, Sundays, and legal holidays, to preserve defenses other than payment. Ongoing rent must also be addressed. We review the response and court registry before seeking judgment under Florida Statute 83.60(2).
An answer means the tenant has responded to the case, not that either side has won. Have the filed answer, summons and service records, any motion to determine rent, and court orders or hearing notices ready. The attorney reviews the response, payment history and applicable court-registry requirements before recommending a motion or preparing for a hearing. Filing an answer does not, by itself, establish compliance with court-registry requirements. See the intake document checklist.
A Writ of Possession is a court order issued after a Final Judgment for Possession is entered in your favor. It authorizes the county sheriff to physically remove the tenant and return possession of the property to you. The sheriff posts a 24-hour notice at the property and then returns to execute the writ. The landlord or a representative must be present. Once the writ is executed, you may change the locks.
The eviction flat fee covers filing through final judgment within the agreed matter. Notice preparation and posting are one separate service. Sheriff/writ work is one separate service and charge. You know the full cost before we begin. There are no hourly charges, no billing by the hour, and no surprise invoices if the case takes longer than expected. Court filing fees are separate and vary by case type and county. Call us at (954) 625-9124 or (305) 401-0424 for current fee information.
An individual landlord may be able to represent themselves, but requirements differ for entities and claims. An attorney can check notices, pleadings and deadlines and handle contested issues. A notice or pleading deficiency may require correction; section 83.60(1)(a) provides an opportunity to cure before dismissal in the proceedings it covers. Ask us about flat-fee representation and the work included.
No. Do not use lockouts, utility shutoffs or removal of belongings to force a tenant out. Section 83.67 prohibits these self-help practices and can impose damages and costs, including attorney's fees. Have the attorney confirm the lawful process for recovering possession and handling any property left behind.
Assisted-housing termination requirements depend on the program, lease, reason for termination and applicable federal rules. There is no universal 60-day rule for every Section 8 eviction. For Housing Choice Voucher tenancies, review 24 C.F.R. § 982.310 and provide the administering housing authority a copy of any owner eviction notice. Have counsel confirm the grounds, notice period and service requirements before delivery.
A tenancy can exist without a written lease. Residential month-to-month termination generally requires at least 30 days’ written notice before the end of the monthly rental period under section 83.57(3). An occupant’s payments, oral agreements, permission and ownership claims determine whether eviction, unlawful detainer or another action is appropriate.
If the tenant has clearly abandoned the unit, Florida law provides a process for the landlord to retake possession without a full eviction proceeding. Abandonment requires specific factual conditions under Florida Statute 83.59. However, proceeding incorrectly can create liability. Contact us before taking action on an abandoned unit so we can confirm whether the legal standard for abandonment has been met.
Yes. We represent commercial landlords throughout Miami-Dade and Broward County on a flat fee basis. Commercial evictions involve different notice requirements and sometimes a different court process than residential evictions. Contact us to discuss your commercial case specifically.
Yes. FLA Evictions handles evictions in all 67 Florida counties. Miami-Dade and Broward are our primary markets, but we regularly handle cases statewide including Palm Beach, St. Lucie, Collier, Hillsborough, Orange, Duval, and throughout Florida.
Have more questions? Call us directly and speak with an attorney. Or submit your case online and we will review your situation and confirm next steps. Flat fee. No surprises. Landlord side only.
Serving Miami-Dade, Broward, and all 67 Florida counties
General information, not case-specific legal advice. The applicable notice, deadline and procedure depend on the tenancy, documents and current law. Have the attorney review your matter before acting.
Residential notices (Fla. Stat. 83.56) · Tenancies without a specific term (Fla. Stat. 83.57) · Defenses and notice deficiencies (Fla. Stat. 83.60) · Prohibited self-help practices (Fla. Stat. 83.67) · Housing Choice Voucher tenancy termination (24 CFR 982.310)
Review eviction fee scope and separate cost components, the notice resources, and the difference between eviction and unlawful detainer before sending your documents.
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