Florida's eviction process is relatively straightforward compared to states like New York or California, but it still requires strict compliance with Florida Statutes Chapter 83 (the Florida Residential Landlord and Tenant Act). Miss a step or serve the wrong notice, and your case gets dismissed — costing you weeks and additional filing fees. Here is exactly how to evict a tenant in Florida in 2026.

Step 1: Serve the Correct Notice

Before you can file for eviction, you must serve the tenant a written notice. The type of notice depends on the reason for eviction:

Non-payment of rent: Serve a 3-Day Notice to Pay or Vacate. The 3 days exclude weekends and legal holidays. The notice must state the exact amount owed and give the tenant the option to pay in full within the notice period. If the tenant pays everything owed within 3 business days, you cannot proceed with eviction.

Lease violation (non-curable): Serve a 7-Day Unconditional Notice to Vacate. This applies to violations like unauthorized occupants, illegal activity, or repeated violations of the same lease term.

Lease violation (curable): Serve a 7-Day Notice to Cure. The tenant has 7 days to fix the violation. If they do not, you can then proceed with eviction.

Month-to-month tenancy (no cause): Serve a 15-Day Notice to Terminate for month-to-month, or according to the rental period.

Step 2: File the Eviction Complaint

If the tenant does not comply with the notice, file an eviction complaint (also called an "action for possession") in the county court where the property is located. Filing fees vary by county but typically range from $185 to $300. You will need to include a copy of the lease, the notice you served, and proof of service. Many Florida counties allow e-filing through the county clerk's website.

Step 3: Serve the Summons

After filing, the court issues a summons that must be served on the tenant by a process server or the county sheriff. The tenant then has 5 business days to respond (excluding the day of service, weekends, and holidays). If the tenant does not respond within 5 business days, you can file a motion for default judgment.

Step 4: Court Hearing or Default Judgment

If the tenant files a response contesting the eviction, the court will schedule a hearing. For non-payment cases where the tenant admits owing rent, the court may require the tenant to deposit the owed rent into the court registry. If the tenant fails to deposit the rent, you can move for an immediate default. If the tenant does not respond at all, you request a clerk's default and a final judgment for possession.

Step 5: Writ of Possession

Once you have a final judgment, you request a writ of possession from the court. The sheriff posts the writ on the tenant's door, giving them 24 hours to vacate. After 24 hours, the sheriff can physically remove the tenant and their belongings. Total timeline for an uncontested non-payment eviction: typically 3 to 5 weeks from the initial notice.

Common Mistakes to Avoid

Do not accept partial rent after serving a 3-day notice — it can reset the process. Do not change the locks, remove the tenant's belongings, or shut off utilities — these are illegal "self-help" evictions that expose you to significant liability under Florida law. Do not serve the notice incorrectly — hand delivery, posting on the door, or mailing are all acceptable, but the method matters for proving service. And always keep copies of every notice, filing, and communication.

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Frequently Asked Questions

How long does a Florida eviction take?

An uncontested Florida eviction for non-payment typically takes 3-5 weeks from notice to writ of possession. Contested evictions or those with procedural errors can take 2-4 months.

How much notice does a landlord have to give before eviction in Florida?

3 days notice for non-payment of rent. 7 days notice for other lease violations. The 3-day period excludes weekends and legal holidays.