The complete step-by-step eviction process in Florida -- from serving the required notice through obtaining the Writ of Possession.
A Florida residential eviction generally involves confirming the tenancy and legal grounds, serving any required notice, waiting for the applicable period to expire, filing in the county where the property is located, completing service, addressing the response and registry requirements, and obtaining a court judgment before sheriff enforcement. 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.
Managing a property in Broward County? Our Broward eviction page brings together county filing resources and a document checklist. For a city-specific intake checklist, see Fort Lauderdale landlord preparation.
Florida law does not allow a landlord to evict a tenant without a valid legal reason. The most common grounds are nonpayment of rent, violation of a lease term, and holdover tenancy (remaining after the lease expires).
Match the notice to the tenancy, lease and actual grounds. Nonpayment, curable violations, serious noncompliance and termination of a periodic tenancy have different requirements. An incorrect notice, amount, service method or filing date can delay the case and require correction. Section 83.60(1)(a) provides an opportunity to cure a deficient notice or pleading before dismissal in the actions it covers. The remedy depends on the defect and procedural posture; a complete restart is not automatic in every case.
Lease violations require a case-specific review of the conduct, lease terms, prior notices and statutory grounds. Not every disagreement or alleged violation permits termination.
Fla. Stat. 83.56The notice must be in writing and must strictly comply with Florida Statute 83.56. The type of notice depends on the grounds for eviction:
3-Day Notice to Pay or Vacate: For residential nonpayment, section 83.56(3) requires a written rent demand with the correct amount, payment information and property description. Exclude Saturdays, Sundays and court-observed holidays from the three-day period. Do not automatically add late fees or other charges. Review the lease, payments, service method and any applicable housing requirements before calculating the deadline.
7-Day Notice to Cure or Vacate: Used for curable lease violations -- unauthorized pets, unauthorized occupants, or other violations the tenant can remedy. The tenant has 7 days to correct the violation or vacate.
7-Day Notice without an opportunity to cure: Section 83.56(2)(a) addresses qualifying serious noncompliance and certain repeated violations. Three prior rent notices do not automatically establish this ground. Have counsel verify the facts and statutory requirements.
30-Day Residential Month-to-Month Termination: Under section 83.57(3), give at least 30 days’ written notice before the end of a monthly rental period. The lease and other applicable housing requirements must also be checked. Commercial periodic tenancies have separate rules.
Use a delivery method authorized by the applicable statute and document what occurred. Residential notice delivery under section 83.56(4) differs from summons service. Electronic notice requires compliance with section 83.505 where applicable; an ordinary text message or email is not automatically sufficient.
Fla. Stat. 83.56 | Fla. Stat. 83.57Do not file before the applicable notice period fully expires. For an ordinary residential three-day notice, exclude the delivery day, Saturdays, Sundays and court-observed legal holidays. Delivery and payment arrangements may affect the calculation.
For example, if a 3-day notice is served on a Wednesday, Day 1 is Thursday, Day 2 is Friday, and Day 3 is the following Monday (assuming no holidays). The complaint cannot be filed until Tuesday at the earliest.
An incorrect notice, amount, service method or filing date can delay the case and require correction. Section 83.60(1)(a) provides an opportunity to cure a deficient notice or pleading before dismissal in the actions it covers. The remedy depends on the defect and procedural posture; a complete restart is not automatic in every case.
Record all payments, credits and tendered payments. Full payment, partial payment and acceptance of rent can affect the notice and right to proceed under section 83.56. Consult counsel before rejecting or accepting a payment after notice or filing.
Fla. Stat. 83.56(3)After any required notice period expires and counsel confirms the basis to proceed, a landlord-tenant eviction is filed in the county court where the property is located. It is not the same as an unlawful-detainer action under Chapter 82.
In Miami-Dade County, file at the Miami-Dade County Court, Civil Division. In Broward County, file at the Broward County Courthouse in Fort Lauderdale.
The complaint must identify the parties, describe the property, state the grounds for eviction, and allege that the proper notice was served and the notice period has expired. Attach a copy of the notice and the lease agreement (or relevant portions).
Pay the filing fee at the time of filing. The clerk then issues a summons directed to the tenant. Florida eviction cases are governed by summary procedure under Florida Statute 51.011, which means they move faster than standard civil cases.
Fla. Stat. 83.59 | Fla. Stat. 51.011The summons must be formally served on the tenant by the county sheriff or a certified process server. The summons notifies the tenant that an eviction action has been filed and informs the tenant of the deadline to respond.
Under Florida summary eviction procedure, the tenant has 5 business days from the date of service to file a written response with the court. This is shorter than the 20-day response window in standard civil cases.
Alternative service of an eviction summons is subject to statutory prerequisites, including the attempts and mailing requirements in section 48.183. Posting alone does not establish personal jurisdiction for every monetary claim. Have counsel review the return of service.
Fla. Stat. 48.183 | Fla. Stat. 51.011In a residential possession action, section 83.60(2) generally requires the tenant to deposit accrued rent alleged in the complaint, or file a properly supported motion to determine rent, within five days after service of process, excluding Saturdays, Sundays and legal holidays. The payment defense and other statutory qualifications must be considered; subsidized tenants deposit only their required portion. Rent that becomes due must also be addressed. We review service, filings and court orders before requesting relief; a missed deposit is not permission for self-help removal.
The statutory clock generally runs from service of process, not from the date an answer is filed. A timely, supported motion to determine rent requires review along with the payment defense and court orders.
Failure to comply can have serious consequences under section 83.60(2). Counsel must verify the record before requesting a default or other relief; the court, not the landlord, decides the request.
Fla. Stat. 83.60(2)If no timely response is filed, counsel checks service, the response period, required affidavits and other prerequisites before seeking a default and final judgment. A judge may require additional documents or a hearing.
If the tenant answers and complies with the registry requirement, the court schedules an eviction hearing. At the hearing, both parties present their positions. The judge issues the Final Judgment for Possession if the landlord prevails.
The Final Judgment is the court's legal determination that the landlord is entitled to regain possession of the property. It is the prerequisite for the Writ of Possession.
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.
Fla. Stat. 83.62After the Final Judgment is entered, the landlord requests the clerk to issue a Writ of Possession. The writ is directed to the county sheriff and authorizes physical removal of the tenant from the property.
Under section 83.62, the sheriff posts a 24-hour notice before executing the writ. Weekends and legal holidays do not stay that period, but posting does not guarantee execution the next day. Confirm access and attendance arrangements with the sheriff.
Once the writ is executed, the tenant is removed from the property and the landlord has lawful possession. The landlord may then change the locks. Any personal property left behind by the tenant must be handled in accordance with Florida Statute 83.62 and applicable abandoned property laws.
Issuance, delivery and execution of the writ depend on processing and sheriff scheduling. Sheriff/writ work is one separate service and charge, outside the agreed filing-through-final-judgment flat fee.
Fla. Stat. 83.62 | Fla. Stat. 83.625For residential nonpayment, section 83.56(3) requires a written rent demand with the correct amount, payment information and property description. Exclude Saturdays, Sundays and court-observed holidays from the three-day period. Do not automatically add late fees or other charges. Review the lease, payments, service method and any applicable housing requirements before calculating the deadline.
Section 83.56(2)(b) addresses noncompliance for which an opportunity to cure is appropriate. The notice identifies the violation and allows the statutory period to remedy it. A later same or similar violation requires review of the prior notice, facts and statutory conditions before using a no-cure notice.
Section 83.56(2)(a) covers qualifying noncompliance for which an opportunity to cure is not required. Do not treat a count of prior three-day rent notices as an automatic substitute for the statutory grounds. Review the conduct and notice history with counsel.
For a residential month-to-month tenancy, section 83.57(3) requires at least 30 days’ written notice before the end of the monthly rental period. Confirm the rental-period dates, lease and any additional housing requirements. Commercial month-to-month rules are separate.
Select the applicable residential notice and calculate its deadline, including the 30-day month-to-month rule where relevant. Different notices use different counting rules; document service.
Once the notice period expires without compliance, the complaint can be filed. The clerk issues the summons.
The tenant has 5 business days from service to file a written response.
Review service and the response deadline before seeking default. In a residential case, also check any registry deposit, motion to determine rent, payment defense and existing orders before requesting relief.
The court enters judgment. The landlord requests the Writ of Possession from the clerk.
The sheriff posts 24-hour notice and returns to remove the tenant. The landlord regains possession and may change the locks.
For residential nonpayment, section 83.56(3) requires a written rent demand with the correct amount, payment information and property description. Exclude Saturdays, Sundays and court-observed holidays from the three-day period. Do not automatically add late fees or other charges. Review the lease, payments, service method and any applicable housing requirements before calculating the deadline.
Calculate the period from the proper delivery event using the rules for that notice. Do not count the delivery day as the first day of an ordinary residential three-day notice. An incorrect notice, amount, service method or filing date can delay the case and require correction. Section 83.60(1)(a) provides an opportunity to cure a deficient notice or pleading before dismissal in the actions it covers. The remedy depends on the defect and procedural posture; a complete restart is not automatic in every case.
Do not assume informal delivery is valid. Check section 83.56(4), any applicable electronic-notice agreement under section 83.505, and the particular housing program. Notice delivery and court-summons service are different procedures.
Do not change locks, interrupt utilities or remove a tenant’s belongings to force a tenant out. Follow the applicable court and sheriff process. Under section 83.67(6), prohibited practices can expose a landlord to actual and consequential damages or three months’ rent, whichever is greater, plus costs and attorney’s fees.
Accepting any rent payment after filing an eviction may waive the right to evict for that nonpayment period. Once a case is filed, discuss any payment with an attorney before accepting money from the tenant.
An incorrect notice, amount, service method or filing date can delay the case and require correction. Section 83.60(1)(a) provides an opportunity to cure a deficient notice or pleading before dismissal in the actions it covers. The remedy depends on the defect and procedural posture; a complete restart is not automatic in every case.
If no timely response is filed, counsel checks service, the response period, required affidavits and other prerequisites before seeking a default and final judgment. A judge may require additional documents or a hearing.
First review the lease, payment ledger, occupant relationship and proposed grounds to identify the correct notice and service method. For residential nonpayment, section 83.56(3) requires a written rent demand with the correct amount, payment information and property description. Exclude Saturdays, Sundays and court-observed holidays from the three-day period. Do not automatically add late fees or other charges. Review the lease, payments, service method and any applicable housing requirements before calculating the deadline.
An individual landlord may be able to represent themselves, but entity ownership and the type of proceeding affect representation requirements. Confirm those requirements and the notice, service and pleading rules before filing.
For residential nonpayment, section 83.56(3) requires a written rent demand with the correct amount, payment information and property description. Exclude Saturdays, Sundays and court-observed holidays from the three-day period. Do not automatically add late fees or other charges. Review the lease, payments, service method and any applicable housing requirements before calculating the deadline.
In a residential possession action, section 83.60(2) generally requires the tenant to deposit accrued rent alleged in the complaint, or file a properly supported motion to determine rent, within five days after service of process, excluding Saturdays, Sundays and legal holidays. The payment defense and other statutory qualifications must be considered; subsidized tenants deposit only their required portion. Rent that becomes due must also be addressed. We review service, filings and court orders before requesting relief; a missed deposit is not permission for self-help removal.
Do not change locks, interrupt utilities or remove a tenant’s belongings to force a tenant out. Follow the applicable court and sheriff process. Under section 83.67(6), prohibited practices can expose a landlord to actual and consequential damages or three months’ rent, whichever is greater, plus costs and attorney’s fees.
A writ of possession follows a judgment awarding possession and authorizes sheriff enforcement. Section 83.62 requires a posted 24-hour notice. Confirm execution arrangements with the sheriff; no fixed completion date is guaranteed. Do not use the existence of a writ as permission to carry out a self-help removal.
In a residential possession action, section 83.60(2) generally requires the tenant to deposit accrued rent alleged in the complaint, or file a properly supported motion to determine rent, within five days after service of process, excluding Saturdays, Sundays and legal holidays. The payment defense and other statutory qualifications must be considered; subsidized tenants deposit only their required portion. Rent that becomes due must also be addressed. We review service, filings and court orders before requesting relief; a missed deposit is not permission for self-help removal.
For a Miami property, see our Miami eviction representation. For county-wide filing preparation, see the Miami-Dade landlord guide.
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General information, updated September 29, 2026. This is not case-specific legal advice and does not represent a new attorney review. Read Florida Statutes Chapter 83 and, for Housing Choice Voucher cases, 24 C.F.R. § 982.310. Have counsel confirm current requirements for the tenancy and facts.
Our flat fee covers eviction filing through final judgment, including motions and hearings within the agreed matter. Notice preparation and posting are one separate service. Sheriff/writ work is one separate service and charge. Work beyond the agreed scope is separately confirmed in writing. Before work begins, we confirm the fee and how court filing, summons and service costs are treated in writing.