Evicting a tenant in Florida is a defined legal process, and the rules are strict. The good news for landlords is that when each step is done correctly, an uncontested residential eviction can move relatively quickly. The bad news is that a single defective notice can send you back to the beginning.
Step 1 — The proper notice
Everything starts with the correct written notice, and the type depends on the reason:
- Three-day notice — for nonpayment of rent (excluding weekends and legal holidays).
- Seven-day notice — to cure or to terminate for certain lease violations.
- Notice of non-renewal — for ending a month-to-month tenancy.
The notice must be accurate in its amounts, dates, and delivery. Errors here are the most common reason evictions get delayed.
Step 2 — Filing the eviction
If the tenant doesn’t comply, the landlord files an eviction action in county court and the tenant is served. A tenant contesting a nonpayment eviction generally must deposit the disputed rent into the court registry.
Step 3 — Judgment and writ of possession
If the landlord prevails (or the tenant doesn’t properly respond), the court issues a judgment and a writ of possession, which the sheriff executes to return possession of the property.
Never change the locks, shut off utilities, or remove a tenant’s belongings yourself. “Self-help” evictions are illegal in Florida and expose the landlord to real liability.
Mistakes that restart the clock
- An incorrect notice amount or an improperly counted deadline
- Accepting partial rent after serving a nonpayment notice
- Skipping service requirements or using the wrong notice type
How we help
We represent Florida property owners through the eviction process — starting with a notice that holds up — so you recover possession as quickly as the law allows, without the missteps that cost weeks.