The Florida Eviction Process for Landlords: Steps, Notices and Timeline (2026)

July 15, 2026

Florida eviction process: property manager reviewing lease paperwork

Few things stress a rental owner more than a tenant who stops paying or breaks the lease. Florida has a clear, landlord-friendly eviction process, but only if you follow every step exactly. Skip a notice or try to force a tenant out yourself, and you can lose time, lose the case, or owe the tenant damages. This guide walks Florida owners through the 2026 eviction process: which notice to serve, the court steps, how long it takes, and what you can never do.

Written by Jon C. Schmitt, Licensed Florida Real Estate Broker & Owner of True Patriot Property Management. Last updated October 2026. Checked against F.S. 83.56, 83.59, 83.60, 83.62, 83.67 and 51.011 (Florida Statutes).

The quick answer

To evict a tenant for unpaid rent in Florida, serve a 3-day notice to pay or move out. Weekends and court holidays do not count toward the 3 days. If the tenant does not pay or leave, file an eviction complaint in the county court where the property is. Once served, the tenant has 5 days, not counting weekends and legal holidays, to respond and pay the rent into the court registry. If they do neither, you are entitled to a default judgment and a writ of possession. The sheriff posts a 24-hour notice and then puts you back in possession. An uncontested case often takes about 2 to 4 weeks from the notice.

Florida eviction timeline at a glance

Step	What happens	Typical time
1. Notice	3-day notice for unpaid rent, or 7-day notice for a lease violation	3 to 7 days, plus delivery
2. File	Complaint for possession filed in county court	After the notice period ends
3. Serve	Tenant is served with the summons and complaint	Varies by county
4. Answer	Tenant has 5 days (weekends and legal holidays excluded) to respond and deposit rent into the court registry	About 1 week
5. Judgment	Default judgment if the tenant does not respond or deposit rent; hearing if contested	Days to weeks
6. Writ	Clerk issues the writ; sheriff posts a 24-hour notice, then restores possession	24 hours after posting

Step 1: Serve the correct notice

Every Florida eviction starts with the right written notice under F.S. 83.56. The notice depends on why you are ending the tenancy:

Unpaid rent: 3-day notice. Serve a 3-day notice to pay rent or deliver possession. The 3 days exclude Saturdays, Sundays, and court-observed legal holidays, and the notice must state the exact rent due. Our late rent and 3-day notice guide shows how to count the days.
Fixable lease violation: 7-day notice to cure. For problems the tenant can fix, such as an unauthorized pet or parking violations, give the tenant 7 days to correct it. If the same or a similar violation happens again within 12 months, you can move to end the tenancy without another chance to cure.
Serious violation: 7-day notice to vacate. For violations that cannot be fixed, such as intentional damage to the property or repeated unreasonable disturbances, serve a 7-day notice to vacate with no chance to cure.

Deliver the notice by mail or by hand, or leave a copy at the residence if the tenant is absent. Email works only if the tenant agreed in writing to receive notices that way (F.S. 83.505). These notice rules cannot be waived in the lease. Florida law gives landlords a chance to fix a defective notice before a case is dismissed (F.S. 83.60(1)), but a wrong day count or a wrong amount still costs you time.

Step 2: File in county court

If the tenant does not pay, fix the problem, or move out by the deadline, file a complaint for possession in the county court where the property is located (F.S. 83.59). You cannot file before the notice period runs out. Eviction cases use Florida’s summary procedure under F.S. 51.011, which moves faster than a normal lawsuit, and the court is required to advance the case on its calendar.

Can a property manager file the eviction?

Only the first step. Under F.S. 83.59(2), a landlord’s agent, such as a property manager, may file the initial complaint, but cannot take any other action in the case unless the agent is an attorney. If the tenant answers or a hearing is set, the owner or an attorney has to handle it. That is why many owners hire an eviction attorney once a case is contested.

Step 3: The tenant’s response and the court ruling

Once served, the tenant has 5 days, excluding Saturdays, Sundays, and legal holidays, to respond. If the tenant raises any defense other than payment, including a claim that your 3-day notice was defective, they must pay the rent claimed in the complaint into the court registry, plus rent that comes due while the case is open (F.S. 83.60(2)). If the tenant does not deposit the rent or ask the court to set the amount within those 5 days, they waive their defenses other than payment, and you are entitled to an immediate default judgment for possession.

Step 4: The writ of possession and the tenant’s belongings

After judgment, the clerk issues a writ of possession to the sheriff. The sheriff posts it on the property, and after 24 hours puts you back in possession. Weekends and holidays do not pause that 24-hour period (F.S. 83.62(1)).

When the sheriff executes the writ, or any time after, you or your agent may move the tenant’s personal property to or near the property line. You can ask the sheriff to stand by and keep the peace while you change the locks; the sheriff may charge an hourly rate for that. Neither you nor the sheriff is liable for the property once it is removed (F.S. 83.62(2)).

What Florida landlords can never do

Florida law (F.S. 83.67) bans “self-help” evictions. No matter how far behind the tenant is, you may not:

Change the locks or use a boot lock to keep the tenant out
Shut off or interrupt water, electricity, gas, or other utilities
Remove outside doors, locks, windows, or the tenant’s belongings, except after surrender, abandonment, or a lawful eviction

The penalty is steep. A landlord who breaks these rules owes the tenant actual and consequential damages or 3 months’ rent, whichever is greater, plus court costs and attorney’s fees. Each separate violation can bring a separate award. The only legal way to remove a tenant is through the court.

What if the tenant just leaves?

If the tenant moves out and hands back the keys, that is a surrender, and you can retake the unit without going to court. If the tenant simply disappears, Florida presumes abandonment when the tenant has been gone for half of a rent period (about 15 days on a monthly lease), the rent is unpaid, and the tenant has not told you in writing about the absence (F.S. 83.59(3)(c)). When in doubt, file the eviction. It costs less than a wrongful lockout claim.

How long does the Florida eviction process take?

An uncontested eviction for unpaid rent often takes about 2 to 4 weeks from the 3-day notice to getting the unit back. Contested cases, defective notices that have to be redone, slow service of process, or a busy court calendar can stretch it out. The fastest evictions are the ones where the notice and filing are right the first time.

Dealing with a problem tenant?

True Patriot Property Management handles tenant screening, rent collection, notices, and the eviction process for owners in Palm Beach County and Southwest Florida. Schedule a free market evaluation to see what professional management would look like for your rental.

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Or call 561-502-3227

Frequently asked questions

How many days notice to evict for non-payment in Florida?

A 3-day notice to pay rent or deliver possession. The 3 days do not count Saturdays, Sundays, or court-observed legal holidays (F.S. 83.56(3)).

How long does an eviction take in Florida?

An uncontested eviction for unpaid rent often takes about 2 to 4 weeks from the 3-day notice to getting the unit back. A contested case, a notice that has to be redone, or a busy court calendar can make it longer.

Can I evict a tenant myself without going to court?

No. Changing the locks, shutting off utilities, or removing doors or the tenant’s belongings is illegal under F.S. 83.67. The tenant can recover actual and consequential damages or 3 months’ rent, whichever is greater, plus costs and attorney’s fees.

Can a property manager file an eviction in Florida?

A landlord’s agent, such as a property manager, can file the initial eviction complaint. After that, only the owner or an attorney can take further action in the case (F.S. 83.59(2)).

What happens to the tenant’s belongings after the writ of possession?

When the sheriff executes the writ, or any time after, the landlord or the landlord’s agent may move the tenant’s personal property to or near the property line. Neither the sheriff nor the landlord is liable for the property after it is removed (F.S. 83.62(2)).

Do I still have to follow the security deposit rules after an eviction?

Yes. The deposit deadlines in F.S. 83.49 still apply: return it within 15 days, or send a written claim notice within 30 days if you intend to keep any of it.

The best way to avoid evictions is thorough tenant screening and firm, consistent rent collection. For more owner guidance, see the Florida landlord-tenant law cheat sheet and our Florida security deposit guide.

This article is general information for Florida rental owners and is not legal advice. Eviction procedures are strict and fact-specific, so consult a qualified Florida attorney before acting.

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