Florida Eviction Process & Laws | Free FL Eviction Notices

The Florida eviction process of removing a tenant from the premises must legally begin with a violation committed or a month to month arrangement. Fixed leases may not be cancelled and only terminate upon the end date. The landlord may serve notice to a tenant in-person, to a person at least 18 years of age on the premises, posting a copy in a conspicuous place, or sending in a certified mail package. If the tenant does not opt to cure the violation or move-out of the premises the landlord may file a case by using the General Eviction Guide.

NonPayment Laws - 3 days Section 83.56

NonCompliance Laws - 7 days Section 83.56(2)(a)

Month to Month Laws - 15 days Section 83.57

Forcible Entry and Unlawful Detainer Laws - Chapter 82

Types of Notice

Florida 15 Day Notice to Quit | Month to Month Tenancy

The Florida fifteen (15) day notice to quit, in relation to Section 83.57, is specifically drafted to notify month-to-month tenants of their lease’s termination. The notice should be served to the tenant by the landlord. Delivery should be by hand, or left with a person 18 years or older at the…

Florida 3 Day Notice to Quit (NonPayment)

The Florida three (3) day notice to quit, in reference to Section 83.56, is served to a tenant when they have failed to pay their rent in accordance with an established lease/rental agreement. Florida law states that tenants must be given at least three (3) days notice* before the landlord can…

Florida 7 Day Notice to Cure (NonCompliance & Non-Curable)

The seven (7) day notice to quit, in reference to Section 83.56(2)(a), is served to tenants who have committed a lease violation that is “curable” (i.e. it can be fixed). The notice describes the lease violation, and informs the tenant of how long they have to cure it (In Florida it…

Florida 7 Day Notice to Quit | NonCompliance & Non-Curable

The Florida seven (7) day notice to quit, according to 83.56(2), is used to notify the tenant of a rental property that they have seven (7) days to vacate the unit due to one or more lease violations. This type of notice is used when the tenant has committed a…

Process How to Evict a Tenant

Step 1 – In the State of Florida, tenants who do not pay their rent must receive at least three (3) days notice before the landlord can begin the eviction process. Only after the three-day notice period has lapsed can the landlord file what’s known as a “Complaint for Eviction.” If it is a month-to-month tenancy, the tenant must be served with a fifteen (15) day notice before the landlord can file a Complaint. Tenants who have committed a lease violation must receive a seven (7) day notice to quit (whether the violation is curable or not). Weekends (Saturday and Sunday) as well as legal holidays are excluded from notice periods.

Step 2 – After the notice period has lapsed the next step is to file a Complaint for Eviction at the local Florida State Court. A Complaint must be filed for each tenant/occupant that is living in the rental unit. Also required is a copy of the lease/rental agreement and a copy of the notice.

Step 3 – The clerk will issue a Summons that will be served to the tenant by the local Sheriff’s department or a private process server. Fees range from county to county (a typical service fee is $20-30 per tenant). The tenant(s) have five business days to file an answer to the Complaint. If the tenant files an answer to the Summons, the landlord is required to schedule a hearing with the Court. If no answer to the Summons is received by the Court, the tenant will lose by default. The landlord must then request a Motion for Default with the clerk. After the Motion for Default is filed by the clerk and reviewed by the Judge, he/she will issue a Writ of Possession to the clerk who will then forward the Writ to the Sheriff.

Step 4 – The Writ of Possession will be served to the tenant(s) by the Sheriff. The fee charged for this service ranges anywhere from $50-80 depending on the county you reside in. After being served with the Writ, the tenant(s) will have 24 hours to fully vacate the rental unit.