Florida Eviction Process: Steps, Timeline, and Costs

Nobody buys a rental thinking they may eventually need to evict someone. But if your tenant in Florida has stopped paying or keeps violating the lease after a written warning, it is helpful to know relevant local laws, what actions you can take, and the cost and time implications of an eviction.

Florida's process can move quickly when the paperwork is right, but it can be strict if you don't have accurate information and attention to detail. A notice with the wrong date can cost you weeks, and a lockout done out of frustration can cost you money later on in the form of a damages award.

This guide walks through each step, from the first notice to getting the home back, plus a realistic timeline and typical costs. It reflects the Florida Statutes (chapter 83, part II) as of October 2026. This is general information, not legal advice; if the tenant contests the case, talk to a Florida-licensed attorney. If you're new to renting out a home, our guide to renting out your house for the first time covers everything else you'll need to know about being a landlord in Florida.

Florida eviction process at a glance

• Serve the right written notice. 3 business days to pay for unpaid rent, 7 days to fix a curable lease violation, 7 days to move out for a serious violation, and 30 days to end a month-to-month tenancy.

• File a complaint in county court in the county where the rental is, if the tenant hasn't paid, fixed the problem, or moved out by the deadline. The filing fee is about $185 for possession only.

• The tenant gets 5 business days after being served to answer and deposit the rent owed into the court registry. If they don't, you can ask for a default judgment without a hearing.

• If the tenant pays into the registry and raises a defense, the court schedules a hearing.

• After a judgment for possession, the sheriff posts a 24-hour notice and then returns the home to you.

• An uncontested nonpayment case usually takes about 3 to 6 weeks from notice to possession. Contested cases take longer.

• Never change the locks, shut off utilities, or remove belongings yourself. Florida law makes the landlord liable for at least 3 months' rent plus attorney's fees.

Legal reasons to evict a tenant in Florida

A Florida landlord can evict a residential tenant for three main reasons, and each one starts with a different notice:

• Nonpayment of rent. The tenant hasn't paid rent that's due.

• A material lease violation. The tenant has broken an important lease term or rule, or isn't meeting basic duties like keeping the home clean and not damaging it.

• The tenancy has ended and the tenant stays. A month-to-month tenancy was ended with proper notice, or a fixed-term lease expired and the tenant won't leave.

In Florida, an eviction lawsuit is called an action for possession. It decides who gets the home back. You can ask for the unpaid rent in the same case, though the court can only award it if the tenant was served in person (more on that in Step 4).

The cheapest eviction is the one you never need, and it starts with screening tenants before you sign a lease. If you list with Nomad, every applicant goes through a 10-point screen covering credit, income, employment, and identity before you decide who to rent to. You still choose the tenant.

Step 1: Choose and write the right notice

Every Florida eviction for nonpayment or a lease violation starts with a written notice. The notice rules can't be waived in the lease, and a notice with the wrong amount or the wrong deadline is one of the most common reasons a case stalls.

3-day notice for unpaid rent

If rent is late, you can deliver a written demand for the rent or possession of the home (Florida Statutes section 83.56(3)). The tenant then has 3 days to pay, not counting Saturdays, Sundays, legal holidays, or the day you deliver the notice.

The notice must state:

• the amount of rent owed (rent only, not late fees, unless your lease defines them as rent),

• the rental's address, including the county,

• the exact date the tenant must pay or move out by, and

• your name, address, and phone number.

Example: you hand-deliver the notice on a Monday with no holidays that week. Tuesday is day 1 and Thursday is day 3, so the deadline on the notice is that Thursday. Delivered on a Thursday, the deadline would be the following Tuesday, because the weekend doesn't count.

If you list with Nomad, rent is collected through the platform, so you have a dated record of every payment and missed payment to use for the notice amount and the complaint.

7-day notice to fix a lease violation

For a violation the tenant can fix, like an unauthorized pet or a car parked where it shouldn't be, the notice describes the problem and gives the tenant 7 days to fix it. If they do, the tenancy continues.

If the same problem comes back within 12 months, you can file without giving another chance to fix it.

7-day notice to move out

Some violations are serious enough that the tenant doesn't get a chance to fix them: deliberately damaging the property, continued unreasonable disturbance, or fraudulently entering the home. A repeat of a violation you warned about in writing in the past 12 months also counts. This notice ends the lease and gives the tenant 7 days to move out.

30-day notice to end a month-to-month tenancy

To end a month-to-month tenancy, either side must give written notice at least 30 days before the end of a monthly rental period. The period was 15 days until July 2023, so older guides may still show the shorter one. No reason is required.

A fixed-term lease simply ends on its end date. If the tenant stays without your permission, you can go to court for possession and ask for double rent for the time they refuse to leave. Our guide to the notice of non-renewal of lease covers ending a lease on schedule in Florida and other states.

Step 2: Deliver the notice and wait out the deadline

Florida allows four ways to deliver an eviction notice:

• hand it to the tenant,

• mail it,

• leave a copy at the home if the tenant isn't there (usually on the front door), or

• email it, but only if you and the tenant signed an electronic-notice addendum.

Keep a copy of the notice and write down when and how you delivered it. If you mail it, ask an attorney how many extra days to allow, since mailing can change when the deadline runs.

Then wait until the deadline on the notice has fully passed. Filing a day early gives the tenant an easy defense.

Step 3: File an eviction complaint in county court

If the deadline passes and the tenant hasn't paid, fixed the violation, or moved out, you file a complaint for possession in the county court where the rental is. Most clerks ask for:

• the complaint (the Florida Supreme Court publishes approved landlord-tenant forms, and many clerks post them),

• a copy of the notice and the written lease,

• a copy for each tenant, plus stamped envelopes addressed to each tenant at the rental, and

• the filing, summons, and sheriff's service fees.

Florida moves eviction cases ahead of other civil cases on the court's calendar. You can file yourself as the owner. A property manager can file the first complaint for you, but after that only an attorney can act on your behalf. If an LLC or corporation owns the home, ask the clerk or an attorney who can sign for it.

Step 4: Serve the summons

After you file, the clerk issues a 5-day eviction summons, and the sheriff or a certified process server delivers it with the complaint.

If no one 15 or older is home after two tries at least 6 hours apart, the server can post the summons on the property, and the clerk mails the tenant a copy (that's what the stamped envelopes are for).

Posting is enough to get the home back, but not to get a judgment for unpaid rent. For that, the tenant has to be served in person.

Step 5: The tenant's 5-day answer period

The tenant has 5 business days after service to file a written answer. In practice that's about a week.

In Florida, an answer alone isn't enough. Unless the tenant's defense is that they already paid, they must also deposit the rent claimed in the complaint into the court registry, plus any rent that comes due while the case is open. They can instead ask the court to decide how much to deposit if they think the amount is wrong.

If the tenant doesn't deposit the rent or file that request in time, they lose every defense except payment, and you can get a default judgment without a hearing.

Step 6: Default judgment or a hearing

Many Florida evictions end without a hearing. If the tenant doesn't respond, or responds without depositing the rent, you file a motion for default and a proposed final judgment, and the judge signs it. The clerk can tell you which forms your county uses. If the summons was posted rather than handed over, at least 5 days must pass after service before the judgment.

If the tenant deposits the rent and raises a defense, the court sets a hearing, and some counties try mediation first. Common defenses are:

• the rent was paid,

• the notice was defective (the court has to let you fix it before dismissing the case),

• the eviction is retaliation, for example after the tenant complained to code enforcement, and

• you didn't maintain the home, which the tenant can raise in a nonpayment case only if they gave you written notice and waited 7 days before withholding rent.

Bring the lease, the notice and proof of delivery, the rent ledger, photos, and any written messages. A contested case is where a Florida eviction attorney earns their fee.

Step 7: Final judgment and the writ of possession

After the judge enters a final judgment for possession, the clerk issues a writ of possession to the sheriff. The sheriff posts it on the home, giving the tenant 24 hours to leave. Weekends and holidays don't pause that clock.

Once the sheriff executes the writ, the home is yours again. You can move any belongings left behind to the property line, and you can ask the sheriff to stand by while you change the locks (usually for an hourly fee).

The security deposit rules still apply after an eviction. If you plan to keep any of the deposit, Florida requires written notice of your claim within 30 days after the tenancy ends. Our guide to security deposit deadlines by state covers the details.

How long does an eviction take in Florida?

An uncontested eviction for unpaid rent in Florida usually takes about 3 to 6 weeks from the 3-day notice to the sheriff returning the home. The law sets some of the time periods. The rest depends on how quickly your county's clerk, judges, and sheriff work.

A contested case adds a hearing, and maybe mediation, which can add several weeks or more. Either side can appeal within 30 days of the judgment. Ending a month-to-month tenancy adds at least 30 days up front, since that notice has to run before you can file.

How much does it cost to evict a tenant in Florida?

Court and sheriff fees for a simple Florida eviction come to about $325 for one tenant, before attorney's fees. Each county clerk and sheriff publishes its fees.

The bigger cost is usually the rent you don't collect while the case runs, plus turnover once the home is back (our guide to what a rental vacancy costs shows how fast that adds up). The court can order the tenant to pay your court costs and, in a nonpayment case, your attorney's fees, but collecting from a former tenant is a separate step and isn't guaranteed.

How Nomad handles this: Nomad doesn't run evictions. Filing and completing the case is the owner's responsibility, and you make every decision in it. That being said, Nomad can help with some of the financial burden of taking on an eviction. Nomad's guaranteed rent helps cover when your tenant falls behind on rent.  When a tenant is late, Nomad notifies you and the platform helps post the official delinquency notice under local law.

If you then file an eviction because the tenant didn't pay rent and it ends the tenant's possession or the lease, Nomad reimburses your attorney's fees and court costs up to $5,000. Reimbursement doesn't apply if a court excuses the nonpayment because of the home's condition. Nomad works with owners across Florida, including in Miami, Tampa, Orlando, and Jacksonville.

What Florida landlords can't do during an eviction

In Florida, you can only take back a rented home through the courts, unless the tenant surrenders or abandons it. "Self-help" eviction is illegal under Florida Statutes section 83.67. A landlord can't:

• cut off utilities like water, electricity, gas, heat, or trash collection, even if they're in the landlord's name,

• change the locks or otherwise keep the tenant out,

• remove doors, windows, or locks except for repairs, or

• remove the tenant's belongings before a lawful eviction, surrender, or abandonment.

The penalty is at least 3 months' rent, or the tenant's actual damages if higher, plus court costs and attorney's fees. Each separate violation can bring a separate award. However frustrating the situation is, the court process is faster than defending a self-help claim.

Can you accept rent during a Florida eviction?

Accepting full rent after you've delivered a notice can undo the notice. If you accept rent knowing about a lease violation, you generally give up the right to evict for that violation, though not for a later or ongoing one.

Partial rent works differently. It doesn't cancel your right to evict, but if you take it after posting a 3-day notice, you have to do one of these:

• give the tenant a receipt showing the date, the amount, the balance still due, and when it's due, before you file,

• deposit the partial payment with the court when you file, or

• post a new 3-day notice for the new amount.

Once the case is filed, rent goes into the court registry, and some clerks tell landlords not to take money directly. If the tenant offers to pay in full mid-case, talk to an attorney before you accept it.

Do local rules change the process?

No. Since 2023, Florida has barred cities and counties from adding their own landlord-tenant rules, so the notices and steps in this guide apply statewide. For local market details, see our guides to renting out your Jacksonville home, renting out your Orlando home, and renting out your Tampa home.

Federal rules can still apply. If your mortgage is backed by Fannie Mae, Freddie Mac, FHA, VA, or USDA, a longer federal notice may apply to a nonpayment eviction, so ask an attorney before you serve one.

When to hire a Florida eviction attorney

Many owners file uncontested nonpayment cases themselves using the clerk's forms. A Florida-licensed attorney is worth calling when:

• the tenant files an answer, deposits rent, or raises a defense,

• the eviction is for a lease violation rather than unpaid rent,

• an LLC or corporation owns the property,

• your mortgage may bring in federal rules,

• the tenant has filed for bankruptcy, which can pause the case, or

• you want a judgment for unpaid rent and need service done correctly.

Ask for a written quote up front, since legal fees are often the biggest cost in a contested case. The Florida Bar's lawyer referral service can help you find someone. Our guide to how guaranteed rent works explains how some programs, including Nomad's, reimburse part of the legal cost.

Frequently asked questions

How long does the eviction process take in Florida?

An uncontested Florida eviction for unpaid rent usually takes about 3 to 6 weeks from the 3-day notice to the sheriff returning the home. A contested case with a hearing usually takes several weeks longer.

How much does it cost to evict a tenant in Florida?

Court and sheriff fees for a simple eviction against one tenant are about $325. Attorney's fees and lost rent are extra and usually larger.

Can a landlord change the locks in Florida if the tenant doesn't pay?

No. Changing the locks, shutting off utilities, or removing a tenant's belongings without a court order is illegal in Florida, and the landlord can owe at least 3 months' rent plus attorney's fees. Only the sheriff can remove a tenant.

Do I need a lawyer to evict a tenant in Florida?

No. An individual owner can file an uncontested eviction using the clerk's forms. If the tenant contests the case, or a business entity owns the home, hire a Florida-licensed attorney.

How much notice does a Florida landlord give to end a month-to-month lease?

At least 30 days' written notice before the end of a monthly rental period. No reason is required.

Can I accept partial rent after serving a 3-day notice in Florida?

Yes. Partial rent doesn't cancel your right to evict, but you then have to give a receipt showing the balance before filing, deposit the payment with the court, or serve a new 3-day notice.

This article is for general information only and isn't legal advice. It reflects the Florida Statutes and published court and sheriff fees as of October 2026. Laws and fees change, and courts apply them to the facts of each case. Talk to a Florida-licensed attorney about your situation, especially if the tenant contests the eviction.