How to Evict a Tenant in Florida: Step-by-Step Guide (2026)

Evicting a tenant in Florida is a legal process governed by Florida Statute 83 (the Florida Residential Landlord and Tenant Act). You cannot simply change locks, shut off utilities, or remove a tenant's belongings — doing so exposes you to significant legal liability. This guide walks through the correct process step by step.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Eviction laws change, and local jurisdictions may have additional requirements. Consult a Florida-licensed attorney for your specific situation.

Florida Eviction Timeline at a Glance

Step	Timeline
Serve written notice	3 days (non-payment) or 7 days (lease violation)
Wait for notice period to expire	3–7 days (excluding weekends/holidays for 3-day)
File eviction complaint with county court	1 day
Tenant receives summons	1–5 days
Tenant response period	5 business days
Court hearing (if contested)	15–30 days
Writ of possession issued	1–5 days after judgment
Sheriff executes writ	24 hours after posting
Total (uncontested)	2–4 weeks
Total (contested)	4–8 weeks

Step 1: Determine the Grounds for Eviction

Florida law allows eviction for several reasons. The type of notice you serve depends on the grounds:

Non-payment of rent — The most common reason. Requires a 3-day notice.
Lease violation (curable) — Violations that can be fixed (unauthorized pets, noise complaints). Requires a 7-day notice with right to cure.
Lease violation (non-curable) — Serious violations like intentional property damage or repeated violations. Requires a 7-day unconditional quit notice.
No lease / lease expiration — Month-to-month tenants require 15 days notice before the next rental period begins.

Step 2: Serve the Correct Written Notice

3-Day Notice to Pay or Vacate (Non-Payment)

This notice must state the exact amount of rent owed (not including late fees, unless your lease specifically allows it) and give the tenant 3 business days to pay or vacate. Weekends and legal holidays do not count toward the 3 days.

7-Day Notice to Cure (Lease Violation)

This notice must describe the specific violation and give the tenant 7 days to fix it. If the tenant corrects the violation within 7 days, you cannot proceed with eviction on that basis.

7-Day Unconditional Quit Notice

For non-curable violations or repeat offenders (same violation within 12 months after a prior warning). The tenant must vacate within 7 days with no opportunity to cure.

How to serve the notice

Florida Statute 83.56 requires notices to be delivered by one of these methods:

Hand delivery to the tenant personally
Leave at the residence with a person of suitable age and discretion
Post on the door and mail a copy to the tenant

Common mistake: Sending only an email or text message is not legally sufficient notice in Florida. You must use one of the three methods above.

Step 3: Wait for the Notice Period to Expire

If the tenant pays the full amount owed (for a 3-day notice) or cures the violation (for a 7-day notice), you must accept the cure and cannot proceed with eviction.

If the notice period expires and the tenant has not complied, you can move to the next step. Do not accept partial rent payment after serving a 3-day notice — doing so may waive your right to evict.

Step 4: File an Eviction Complaint

File an eviction action (also called an "unlawful detainer" action) with the county court where the property is located. In Tampa Bay:

Hillsborough County — 13th Judicial Circuit Court (Tampa, Brandon, Plant City)
Pinellas County — 6th Judicial Circuit Court (St. Pete, Clearwater, Largo)
Pasco County — 6th Judicial Circuit Court (Wesley Chapel, New Port Richey)

Filing costs are typically $185–$300 depending on the county and whether rent owed exceeds $5,000. You'll need to include:

A copy of the lease agreement
A copy of the notice you served (with proof of service)
A description of how the tenant violated the lease or failed to pay

Step 5: The Tenant Gets Served

After filing, the court clerk issues a summons. The tenant must be served by the county sheriff or a certified process server. The tenant then has 5 business days to respond in writing.

If the tenant does not respond

You can file a motion for default judgment. The court will typically grant possession within a few days.

If the tenant responds and contests

The case goes to a hearing, which is typically scheduled 15–30 days out. The tenant may be required to deposit rent into the court registry while the case is pending.

Step 6: Obtain and Execute the Writ of Possession

After the court rules in your favor, you request a Writ of Possession. The county sheriff posts the writ on the property door, giving the tenant 24 hours to vacate. After 24 hours, the sheriff will physically remove the tenant if necessary.

Never do a "self-help" eviction. Changing locks, removing doors, shutting off utilities, or removing a tenant's belongings without a writ of possession is illegal under Florida Statute 83.67. The tenant can sue you for damages, and you may owe them court costs and attorney's fees.

Common Mistakes That Delay or Kill Evictions

Wrong rent amount on the 3-day notice — Including late fees or utility charges not specified in the lease can invalidate the entire notice.
Accepting partial payment — Once you serve a 3-day notice, accepting any payment (even partial) may restart the clock or waive your right to evict.
Improper service — Emails, texts, and verbal warnings don't count. The notice must be hand-delivered, left with a household member, or posted on the door and mailed.
Counting weekends in the 3-day period — The 3-day notice excludes weekends and legal holidays. Getting this wrong gives the tenant grounds to dismiss.
Retaliatory eviction — Florida law prohibits evicting a tenant in retaliation for filing a legitimate complaint (e.g., code violations, habitability issues). If the tenant can show retaliation, the eviction will be dismissed.
Missing the "right to cure" requirement — For first-time lease violations, you must give the tenant the opportunity to cure before filing. Skip this and the court will toss your case.

Estimated Eviction Costs in Tampa Bay

Cost Item	Amount
Court filing fee	$185 – $300
Process server / sheriff service	$30 – $60
Attorney fees (if using one)	$500 – $1,500
Writ of possession	$90 – $115
Lost rent during process	1–2 months
Total (without attorney)	$305 – $475 + lost rent
Total (with attorney)	$805 – $1,975 + lost rent

How to Avoid Evictions in the First Place

The best eviction is the one you never have to file. Most evictions result from either poor tenant screening or poor communication. Here's what reduces eviction rates:

Thorough screening — Credit checks, income verification (3x rent minimum), rental history, and eviction history searches.
Automated rent reminders — Tenants who get reminders 5 days before rent is due are significantly less likely to pay late.
Early intervention — When a tenant is 1 day late, an automated notice is more effective than waiting until day 10 to call.
Proper lease documentation — Clear lease terms on late fees, violation policies, and notice procedures protect you legally when eviction becomes necessary.
Compliance tracking — Automated systems that track notice deadlines, cure periods, and court filing windows prevent the procedural mistakes that get evictions dismissed.

Never Miss a Notice Deadline Again

Manej automates lease compliance, notice tracking, and tenant communication for Tampa Bay property managers. Every deadline tracked. Every notice sent on time.

See Tampa Bay PM Automation

Bottom Line

Florida evictions follow a strict legal process: serve the correct notice, wait for the notice period, file with the county court, get a judgment, and let the sheriff execute the writ. Shortcuts don't work and will cost you more in the long run.

The best strategy is prevention: screen well, communicate early, and track every compliance deadline. The property managers who automate these processes spend less time (and money) on evictions than those who do it manually.