# Florida Eviction FAQ | Landlord Questions Answered | FLA Evictions **Common landlord questions about the Florida eviction process. FLA Evictions serves Miami-Dade and Broward County.** - Phone: (954) 625-9124 - Miami-Dade: (305) 401-0424 - Email: info@flaevictions.com - Web: https://flaevictions.com/faq --- ## Florida Eviction Frequently Asked Questions The following answers are written for landlords and property owners in Florida. FLA Evictions is a landlord-only firm. We do not represent tenants. --- ### About the 3-Day Notice **What is a 3-Day Notice in Florida?** A 3-Day Notice is the written demand a landlord must serve on a tenant before filing an eviction lawsuit for nonpayment of rent. It is required by Florida Statute 83.56(3). The notice must state the exact amount of rent owed, identify the rental property, and give the tenant three business days to pay in full or vacate. **What does "three business days" mean on a 3-Day Notice?** The three-day period begins the day after the notice is served. It excludes Saturdays, Sundays, and legal holidays. Do not count the day of service, weekends, or any Florida legal holiday when calculating the expiration of the notice period. **What happens if my 3-Day Notice has an error?** A defective 3-Day Notice is the most common reason eviction cases are dismissed in Florida. Common errors include: stating the wrong amount owed, serving the notice by the wrong method, miscounting the notice days, failing to list the correct property address, or using an incorrect form. If the notice is defective, the court will dismiss the case and the landlord must restart by serving a new, correct notice. **Can I put more than the rent amount on the 3-Day Notice?** No. The 3-Day Notice for nonpayment of rent must state only the past-due rent owed. Do not include late fees, utility charges, pet fees, or other amounts unless those charges are specifically defined as "rent" in the lease. Including non-rent charges on the 3-Day Notice is a defect that can result in dismissal. **What if the tenant pays part of the amount on the 3-Day Notice?** If the tenant pays part of the amount owed but not all of it, the notice is not satisfied. However, if the landlord accepts a partial payment after serving the notice, this may waive the right to evict for the remaining balance. Do not accept partial payment after the 3-Day Notice is served unless you intend to restart the process. **How do I serve a 3-Day Notice on the tenant?** Under Florida Statute 83.56, a 3-Day Notice may be served by: (1) delivering it to the tenant in person; (2) leaving it with a person of suitable age and discretion at the tenant's residence; or (3) posting it on the front door of the rental unit. If the notice is mailed, five additional days must be added to the notice period. We recommend personal delivery or door posting over mailing. **Does the 3-Day Notice have to be notarized?** No. The 3-Day Notice does not need to be notarized. However, the manner and date of service should be documented in writing in case service is later disputed in court. --- ### About the Eviction Process **How does the Florida eviction process work?** The eviction process in Florida follows these general steps: 1. Serve the required notice on the tenant 2. Wait for the notice period to expire 3. File the eviction complaint and summons in county court 4. Have the summons and complaint served on the tenant 5. Wait for the five-business-day response period to expire 6. Move for default judgment if no response is filed, or attend a contested hearing 7. Obtain judgment for possession 8. Request the Writ of Possession from the clerk 9. Have the sheriff execute the writ and remove the tenant if necessary **How long does an eviction take in Florida?** An uncontested residential eviction in Florida typically takes three to five weeks from the date the complaint is filed to the execution of the Writ of Possession. Contested cases take longer. The timeline varies by county court volume, the judge assigned, and whether the tenant raises defenses. Procedural errors at any stage restart the clock. **What if the tenant does not respond to the eviction lawsuit?** If the tenant does not file a written response within five business days after being served with the complaint and summons, the landlord can file a motion for default judgment. The court typically grants the default without a hearing in uncontested cases. After judgment, the clerk issues the Writ of Possession. **Can the tenant fight the eviction?** Yes. A tenant can file a written response raising defenses. In residential cases, the tenant must simultaneously deposit the rent claimed in the complaint into the court registry when filing the response (Florida Statute 83.60). If the tenant fails to deposit the rent, the landlord can move to strike the defenses and obtain a default judgment. **What is a Writ of Possession?** A Writ of Possession is the court order that directs the sheriff to remove the tenant and their belongings from the rental property. After the landlord receives a judgment for possession, the clerk issues the writ. The sheriff posts a 24-hour notice on the property. If the tenant does not vacate voluntarily within 24 hours, the sheriff returns to physically remove the occupants. **What happens to the tenant's belongings after the Writ of Possession is executed?** The tenant's personal property is typically placed outside the rental unit during the sheriff's execution of the writ. Florida law does not require the landlord to store the tenant's belongings. Once the property is vacated and the writ is executed, the landlord regains possession. Any property left behind is at the tenant's risk. --- ### About Notice Types **What is a 7-Day Notice in Florida?** A 7-Day Notice is used in two lease violation situations. A 7-Day Notice to Cure (Florida Statute 83.56(2)(b)) is served for curable lease violations and gives the tenant seven days to fix the violation. A 7-Day Notice of Termination (Florida Statute 83.56(2)(a)) is served for non-curable violations and terminates the tenancy without a right to cure. Using the wrong type of 7-Day Notice for the situation is a procedural defect. **What lease violations are curable versus non-curable?** Curable violations are those the tenant can fix within seven days, such as unauthorized pets, unauthorized occupants, or minor property damage. Non-curable violations include intentional property destruction, engaging in criminal activity on the premises, and other serious breaches. The lease may also define what constitutes a material non-curable violation. The classification of the violation affects which notice type is required. **What is a 30-Day Notice?** A 30-Day Notice is served to terminate a month-to-month tenancy without any allegation of default by the tenant. Under Florida Statute 83.57, a landlord who wants to end a month-to-month tenancy without cause must give the tenant at least 30 days' notice before the end of the next rental period. A 30-Day Notice is not an eviction. It is a termination of the tenancy. If the tenant fails to vacate after the 30-day period, the landlord can then file an eviction complaint for holdover tenancy. **What is the difference between a 3-Day Notice and a 30-Day Notice?** A 3-Day Notice is for nonpayment of rent. It demands payment of the past-due rent within three business days or requires the tenant to vacate. A 30-Day Notice is for terminating a month-to-month tenancy without cause. They are used in completely different situations and are not interchangeable. --- ### About Specific Situations **Can I evict a tenant who has a Section 8 voucher?** Yes. A Section 8 tenant can be evicted for nonpayment of their portion of the rent, for lease violations, or for holdover after the lease term ends. The eviction procedure is the same as for any other tenant. However, the HUD Housing Assistance Payment contract has additional provisions that must be considered. We recommend consulting with our office before proceeding with a Section 8 eviction. **What if my tenant files for bankruptcy?** A bankruptcy filing creates an automatic stay that can temporarily halt the eviction proceeding. The effect depends on the chapter of bankruptcy filed, the stage of the eviction case, and whether the tenant files a certification claiming a 30-day right to cure under 11 USC 362(l). This situation requires prompt legal attention. Contact our office immediately if you receive a bankruptcy notice during an active eviction. **Can I change the locks or shut off utilities to force the tenant to leave?** No. Self-help eviction is illegal in Florida. Florida Statute 83.67 prohibits landlords from interfering with a tenant's possession by removing doors, windows, locks, or utilities with the intent to force the tenant to vacate. A landlord who engages in self-help eviction can be liable for actual and consequential damages to the tenant. The only lawful way to remove a tenant is through the court eviction process. **What if there is a squatter in my property?** A squatter is someone who occupies your property without your permission and without any landlord-tenant relationship. These cases are handled under Florida Statute 82 as an unlawful detainer action rather than a standard Chapter 83 eviction. The procedure is different from a standard tenant eviction. Contact our office for guidance specific to your squatter situation. **What if the tenant abandons the property?** If a tenant abandons the rental unit, Florida Statute 83.59 allows the landlord to retake possession if the tenant is absent for a period of time specified in the lease (or 15 days if the lease is silent), the rent is current or the tenant has surrendered possession, and a reasonable belief exists that the tenant has vacated. Even then, the landlord should document the abandonment carefully before retaking possession. Incorrectly treating an occupied unit as abandoned can expose the landlord to liability. **What if there are multiple tenants on the lease and only one leaves?** All named tenants on the lease must be named in the eviction complaint. If some tenants have vacated and others remain, the eviction still proceeds against all named parties. The complaint should specifically identify all tenants and any unknown occupants. **Can I evict a commercial tenant for nonpayment?** Yes. Commercial tenants can be evicted for nonpayment. However, the process is different from residential evictions. Commercial evictions are governed by the lease terms and Florida contract law, not Chapter 83. The required notice period and any applicable cure rights are determined by the lease. We review the commercial lease before advising on next steps. --- ### About Costs and Fees **How much does it cost to evict a tenant in Florida?** The total cost of an eviction includes attorney fees, court filing fees, and process service fees. Court filing fees vary by county and case type. Process service fees vary by location and the difficulty of service. FLA Evictions charges a flat attorney fee rather than an hourly rate. Contact us at (954) 625-9124 or info@flaevictions.com for current pricing. **Can I recover my attorney fees from the tenant?** Possibly. If your lease includes a prevailing party attorney fee provision, you can seek attorney fees as part of the eviction judgment. Florida Statute 83.49 provides that attorney fees may be recoverable in landlord-tenant disputes. However, collecting a money judgment against a tenant who has been evicted can be difficult regardless of whether a fee award is obtained. **Do you represent landlords only?** Yes. FLA Evictions represents landlords and property owners exclusively. We do not accept tenant clients. --- ## Contact FLA Evictions Submit the intake form at flaevictions.com/eviction-information-form or call us directly. **Broward and Primary:** (954) 625-9124 **Miami-Dade:** (305) 401-0424 **Email:** info@flaevictions.com FLA Evictions: Landlord-only eviction attorneys. Miami-Dade and Broward County.