FIRST: WHICH FLORIDA EVICTION NOTICE DO YOU NEED?
The notice depends on why you're evicting.
Using the wrong one is a common reason cases get delayed or dismissed.
Situation | Notice | Florida Statute
Tenant didn't pay rent | 3-Day Notice to Pay or Vacate | 83.56(3)
Lease violation the tenant can fix | 7-Day Notice to Cure | 83.56(2)(b)
Serious or repeat violation | 7-Day Notice (no chance to cure) | 83.56(2)(a)
Ending a month-to-month tenancy | 30-Day Notice | 83.57
This guide focuses on non-payment of rent, the most common Florida eviction.
For lease violations or ending a tenancy without cause, we recommend speaking with a licensed Florida attorney.
Step 1 — Serve a Valid 3-Day Notice to Pay or Vacate
The Florida eviction process for non-payment of rent begins with one document — a written 3-Day Notice to Pay Rent or Vacate. This notice tells the tenant to pay the full amount of rent owed or move out.
Three things must be correct before you serve it:
The rent amount must be exact. Do not include late fees unless your lease specifically authorizes them. An incorrect amount can void the entire notice and force you to start over.
The three days are business days only. Saturdays, Sundays, and Florida legal holidays do not count. The day you serve the notice does not count either — start counting the following business day.
Do not accept any payment after serving the notice. This is the most expensive mistake Florida landlords make. If your tenant offers any amount of money after the notice is served — even a partial payment — and you accept it, Florida law allows the tenant to argue the notice is legally invalid. You would have to re-serve a new notice and restart the entire process. Do not accept anything unless it is the full amount owed.
Step 2 — Wait for the Full 3-Day Period to Expire
Do not file for eviction before the notice period has fully expired. Filing even one day early can result in dismissal and force you to restart. If Day 3 falls on a weekend or Florida legal holiday, the period extends to the next business day.
During this period one of three things will happen. The tenant pays in full — eviction avoided, keep the paperwork on file. The tenant promises to pay — a verbal promise has zero legal weight, proceed on Day 4 if the full amount is not in your hand. The tenant goes silent — this is the cleanest outcome, move forward on Day 4 with no complications.
Step 3 — File Your Eviction Complaint
Once the notice period expires, file a Complaint for Eviction with the Clerk of Court in the county where the property is located.
Most Florida landlords don't realize you can file the entire eviction online. Florida has a statewide electronic filing system at myflcourtaccess.com. You create a free account, select your county, upload your documents, and pay the filing fee by credit card. No office visit, no waiting in line, no taking a day off work.
You will need to file: a civil cover sheet, Complaint for Eviction, Summons, your 3-day notice, and a copy of the lease if one exists. Filing fees are approximately $185 plus $10 per defendant.
Florida has two different summons forms. Form 1.923(a) is for possession only — you want the tenant out. Form 1.923(b) is for possession plus unpaid rent — you want the tenant out and a money judgment for back rent. Using the wrong form is one of the most common filing errors in Florida evictions.
Each Florida county has its own specific mailing requirements — the number of copies required, whether pre-stamped envelopes are needed, and how the clerk handles mailing the summons to the tenant. These vary county by county. Check your specific county's requirements before filing or visit our county-by-county guide below.
Step 4 — The Tenant Is Served and Has 5 Business Days to Respond
After filing, the clerk issues the Summons and the tenant must be legally served by the county Sheriff or a certified process server. Once served, the tenant has 5 business days — excluding the day of service, weekends, and holidays — to file a written response with the court and deposit any disputed rent into the Court Registry.
If the tenant files no response: proceed to Step 5. If the tenant files a written response: the court will schedule a hearing. If the tenant deposits rent into the court registry: the case may be dismissed if they deposit the full disputed amount within the 5-day window.
AFTER YOU FILE: THE TWO PATHS YOUR CASE CAN TAKE
Path 1: The tenant doesn't respond (most cases)
If the tenant files nothing within 5 business days of being served, you can request a default judgment. No hearing is needed, and an uncontested case typically wraps up in about 4 to 6 weeks.
Path 2: The tenant files a response
To raise any defense other than "I already paid," Florida Statute 83.60 requires the tenant to deposit the rent owed into the court registry, and keep depositing rent as it comes due while the case is open. If the tenant responds but does not deposit the rent, the landlord can generally ask the court for a default judgment.
If the tenant responds and deposits the rent, the court sets a hearing and the case can take 2 to 4 months or longer. If the tenant hires an attorney, we strongly recommend you do the same.
Step 5 — Request a Default Judgment
If the tenant does not respond within 5 business days, file a Motion for Default and a proposed Final Judgment for Possession with the Clerk. The judge reviews the case and, if everything is in order, signs the Final Judgment ordering the tenant to vacate.
Step 6 — Obtain the Writ of Possession
After the Final Judgment is signed, return to the Clerk to obtain the Writ of Possession. Deliver the writ to the county Sheriff's Office along with the $90 fee. The sheriff will post the writ on the property giving the tenant 24 hours to vacate. If they do not leave voluntarily, the sheriff authorizes you to remove their belongings and change the locks — returning full possession of the property to you.
Day 1: Serve 3-Day Notice to Pay or Vacate
Days 1–3: 3-Day Business Day Period (no weekends/holidays)
Day 4: File Complaint for Eviction (online or in person)
Week 1–2: Clerk processes filing, Summons issued
Week 2–3: Tenant served, 5 business day response window
Week 3–4: File Motion for Default if no response
Week 4–5: Judge signs Final Judgment, Writ of Possession issued
Week 5–6: Sheriff posts Writ, tenant has 24 hours to vacate
Week 6: Property returned ✅
Court filing fee: about $185 S
ummons issuance: $10 per tenant
Sheriff service of the summons: about $40 per tenant (or a private process server)
Writ of possession (Sheriff): $90
Typical court and Sheriff total: about $325, plus postage Fees vary by county.
See your county guide below for local details. Doing it yourself vs. having it done:
DIY Eviction Packet: $149 plus the court and Sheriff costs above
Full-Service: $598, with the filing fee and process server included The real difference is about $175 to $225,
not the $449 the prices suggest.
~Accepting any partial payment after serving the 3-day notice can legally void the notice under Florida law
~Filing before the full 3-day business day period has expired -case dismissed, clock restarts
~Using the wrong summons form (1.923(a) vs 1.923(b)). Most common filing rejection reason
~Including unauthorized late fees in the 3-day notice. Incorrect rent amount voids the notice
~Not checking your county's specific mailing requirements before filing causes delays at the clerk's office.
The eviction is over — but now you're looking at a vacant property that needs work, a rental market you have to navigate, and the stress of finding a qualified tenant all over again.
If you've been through this once, you know how exhausting it is. Some landlords decide they'd rather not do it again.
If you're thinking about your options, whether that's a fast sale, a cash offer, or simply understanding what the property is worth right now. We can help with that too.
No obligation. No pressure. Just a conversation.
Frequently Asked Questions:
Q1 Question: How long does the Florida eviction process take? Answer: Typically 4 to 6 weeks for an uncontested eviction filed correctly. Contested cases can take 2 to 4 months or longer.
Q2 Question: Can I file an eviction online in Florida? Answer: Yes. Florida uses a statewide e-filing portal at myflcourtaccess.com. All eviction documents can be filed electronically from home.
Q3: Can a Florida landlord change the locks or shut off utilities to remove a tenant?
A: No. Florida Statute 83.67 prohibits self-help evictions, including changing locks, removing doors, or shutting off utilities. Only the Sheriff can remove a tenant, after a court issues a writ of possession.
Q4: Can I evict a tenant without a lease in Florida?
A: Yes. A verbal or month-to-month rental is still a tenancy under Florida law, and the same court process applies. See our guide: How to Evict a Tenant Without a Lease in Florida.
Q5: What is the difference between an eviction and an unlawful detainer?
A: An eviction removes a tenant, someone who has a rental agreement. An unlawful detainer removes someone who was never a tenant, such as a guest who won't leave. They use different court forms.
Q6 Question: How much does it cost to file an eviction in Florida? Answer: Approximately $185 filing fee plus $10 per defendant, $40 per defendant for sheriff service, and $90 for the writ of possession.
Q7: Can I file an eviction in a different county than where I live?
A: You must file in the county where the rental property is located, not where you live. You can file online through the statewide e-filing portal from anywhere.
Q8 Question: Do I need an attorney to file an eviction in Florida? Answer: No. Florida landlords can file evictions without an attorney. A document preparation service provides court-ready forms without legal fees.
Q9 Question: What is a writ of possession in Florida? Answer: A court order directing the sheriff to remove the tenant and return possession of the property to the landlord after Final Judgment.
Q10 Question: Do weekends count in a Florida 3-day eviction notice? Answer: No. Only business days count. Saturdays, Sundays, and Florida legal holidays are excluded from the 3-day period.
Florida Eviction Process by County
Related Guides:
Evictions Done For You is a document preparation service, not a law firm. Nothing on this page constitutes legal advice. For questions about your specific situation, consult a licensed Florida attorney.