How to Evict a Tenant in Florida

Evicting a tenant in Florida can feel overwhelming, but following the right steps helps you avoid costly delays. Whether your tenant isn’t paying rent or violating the lease, you need to follow state laws closely. 

This guide walks you through each step, so you can handle eviction legally and efficiently.

5 Steps to Evict a Tenant in Florida

There are five clear steps that you must take to evict a tenant in Florida. 

Step 1: Serve a Written Notice

The eviction process in Florida begins with serving the tenant a written notice. The type of notice depends on the reason for eviction. Florida law requires landlords to deliver the notice properly before proceeding with legal action.

Types of Eviction Notices in Florida

• Three-day notice to pay rent or quit: Used when a tenant fails to pay rent. The tenant has three business days (excluding weekends and legal holidays) to pay or vacate.
• Seven-day notice to cure: Given for lease violations that can be fixed (e.g., unauthorized pets, property damage). The tenant has seven days to correct the issue.
• Seven-day unconditional quit notice: Used for serious violations that cannot be remedied, such as illegal activity or repeated noncompliance.
• Fifteen-day notice to terminate (month-to-month tenancy): Required when ending a month-to-month rental agreement.

The notice must be delivered in person, posted on the rental property, or sent by certified mail. If the tenant fails to comply within the required time, you can proceed to the next step: filing an eviction lawsuit.

Step 2: File an Eviction Lawsuit (Complaint for Eviction)

If the tenant does not comply with the written notice, you must file an eviction lawsuit with the county court. This is called a complaint for eviction, and it officially starts the legal process to remove the tenant.

You need to gather all necessary documents before filing. Missing paperwork can lead to delays or dismissal of your case. Prepare the following:

• Copy of the lease agreement: Proves the rental terms and tenant obligations.
• Copy of the written notice: Confirms you provided proper notice as required by Florida law.
• Proof of notice delivery: Shows that you served the notice correctly (e.g., a receipt for certified mail or photo of a notice posted).
• Record of unpaid rent or violations: Documents the reason for eviction and supports your claim.

File the complaint for eviction with the clerk of the county court where the rental property is located. Pay the required filing fee. The court will then prepare a summons to notify the tenant of the lawsuit. Once you receive the summons, move to the next step: serving the tenant with court papers.

Step 3: Serve the Tenant with the Summons and Complaint

After filing the eviction lawsuit, you must serve the tenant with the summons and complaint. This formally notifies the tenant of the legal action and provides them with a deadline to respond. Florida law requires strict adherence to proper service methods to avoid delays.

A sheriff’s deputy or licensed process server delivers the documents. You cannot serve them yourself. If personal delivery fails after several attempts, the papers can be posted on the property and mailed by the court clerk.

Key points to follow when serving the tenant:

• Personal delivery is preferred: The summons and complaint should be handed directly to the tenant whenever possible.
• Substituted service is allowed: If the tenant is not home, the papers can be left with someone 15 years or older who lives at the property.
• Posting and mailing require attempts first: If no one is available after multiple attempts, you can post the summons and complaint on the door and request the clerk to mail copies.
• Proof of service is required: The process server or sheriff files an affidavit with the court confirming the papers were served.

Once the tenant receives the summons and complaint, they have five business days (excluding weekends and legal holidays) to respond. If the tenant fails to respond, you can seek a default judgment in the next step.

Step 4: Tenant’s Response or Default Judgment

After the tenant receives the summons and complaint, they have five business days (excluding weekends and legal holidays) to file a written response with the court. This is their opportunity to dispute the eviction or explain their side of the case.

If the tenant files a response, the court may schedule a hearing. If the tenant does not respond, you can request a default judgment, which allows you to proceed with regaining possession of the property.

Key points to understand during this phase:

• Tenant’s response must be timely: The tenant must file their written response within five business days after receiving the summons and complaint.
• Rent payment may be required: In nonpayment cases, the tenant must deposit the owed rent into the court registry along with their response, or risk losing the case automatically.
• Hearing may be scheduled: If the tenant disputes the eviction, the judge may set a court date to hear both sides and determine the outcome.
• Default judgment is your right: If the tenant does not respond within the deadline, you can file a motion for default judgment, asking the judge to rule in your favor.

Once the court grants a default judgment or rules in your favor after a hearing, you can proceed to the final step: obtaining a writ of possession to reclaim the property.

Step 5: Obtain a Writ of Possession

After winning your eviction case, either through a default judgment or a court hearing, you must obtain a writ of possession. This is a legal order directing the sheriff to remove the tenant from your property if they do not leave voluntarily.

You request the writ of possession from the clerk of the court. Once issued, it is forwarded to the sheriff’s office for enforcement. The sheriff will serve the writ to the tenant, giving them 24 hours to vacate.

Key points to know when obtaining and enforcing a writ of possession:

• The writ is filed with the clerk: You must submit a request for the writ of possession after receiving the court’s judgment in your favor.
• The sheriff serves the writ: A deputy delivers the writ to the tenant, either in person or by posting it on the door.
• The tenant has 24 hours to vacate: After receiving the writ, the tenant has one day to leave the property voluntarily.
• Forced removal follows noncompliance: If the tenant does not leave within 24 hours, the sheriff can physically remove them and return possession of the property to you.

Once the tenant vacates, you regain control of your property. You may change the locks and begin preparing the unit for a new tenant. This final step ends the legal eviction process.

Alternatives to Evicting a Tenant in Florida

Eviction is a legal tool for removing a tenant, but it can be time-consuming, costly, and stressful. In Florida, you have other options that may resolve conflicts without involving the court system. Exploring alternatives can help you regain control of your property while avoiding legal fees and delays.

Whether your tenant is behind on rent or violating the lease, these solutions can often lead to a quicker, more cooperative outcome.

Negotiate a Payment Plan

If your tenant has fallen behind on rent, offering a payment plan can help you recover what you are owed without filing for eviction. Many tenants struggle temporarily due to unexpected financial issues but are willing to catch up when given time.

• Draft a clear agreement: Put the payment plan in writing, including specific dates and amounts for each payment.
• Set realistic terms: Work with the tenant to create a schedule they can manage, such as splitting past-due rent over several months.
• Maintain documentation: Keep detailed records of all payments and communication in case legal action becomes necessary later.

A payment plan keeps rental income flowing and often prevents vacancy costs that come with evicting and replacing a tenant.

Offer a Cash for Keys Agreement

Sometimes, it is faster and cheaper to offer the tenant money to move out voluntarily. This approach is called cash for keys and is common when tenants can’t pay rent or refuse to leave.

• Decide on a fair amount: Typical offers range from a few hundred to a month’s rent, depending on the situation and the tenant’s willingness to leave.
• Put the agreement in writing: Clearly outline the move-out date, payment amount, and requirement for the tenant to return keys and leave the unit clean.
• Exchange cash after move-out: Only pay the tenant once they have vacated and handed over the keys to avoid further issues.

While paying a tenant to leave may seem frustrating, it can save you time and money compared to a drawn-out eviction.

Allow the Lease to Expire

If your tenant is difficult but not violating the lease, waiting for the lease to end is often the simplest path forward. This approach works well for month-to-month agreements or leases nearing their end.

• Provide proper notice: Florida law requires a 15-day written notice to terminate a month-to-month lease.
• Avoid renewals: If you prefer not to continue the relationship, inform the tenant in advance that you will not be renewing their lease.
• Prepare for pushback: Some tenants may try to extend their stay, so be firm about the move-out date and document all communication.

Allowing the lease to expire avoids legal battles and often results in the tenant moving out without conflict. It is a passive but effective alternative when time is on your side.

Florida Eviction Frequently Asked Questions

Here are some common questions associated with evicting a tenant in Florida.

Can I evict a tenant in Florida for having unauthorized occupants in the rental unit?

Yes, you can evict a tenant if their lease prohibits unauthorized occupants and they violate that rule. You must serve a seven-day notice to cure, giving the tenant time to correct the issue.

Is it legal to shut off utilities to force a tenant to leave in Florida?

No, cutting off utilities or changing the locks is illegal and considered a self-help eviction, which can lead to fines and legal action. You must follow the formal court eviction process.

How long does the Florida eviction process typically take?

A straightforward eviction in Florida usually takes three to four weeks, but disputes or tenant delays can extend it. Complex cases may take up to two months.

Can I evict a tenant in Florida without a written lease?

Yes, you can evict a tenant even without a lease, as verbal agreements are still valid. Florida law treats it as a month-to-month tenancy, requiring a 15-day written notice to terminate.

What happens if a tenant leaves belongings behind after an eviction in Florida?

You must notify the tenant in writing and give them at least 10 days to claim their belongings. If they do not retrieve them, you can dispose of or sell the items.

Can I accept partial rent payments during the eviction process?

Accepting partial rent can reset the eviction process and weaken your case. It is best to refuse partial payments once you begin legal action.

Do I need an attorney to evict a tenant in Florida?

You do not need an attorney for evictions if you are the property owner. However, hiring a lawyer can help avoid mistakes, especially for contested cases.

Final Word

You have to be honest with yourself. Despite the many rewards and benefits of investing in real estate, there are many challenges from a management perspective — with the potential for eviction at the top of the list.

Should you find yourself needing to evict a tenant in Florida, follow the steps above to bring efficiency to the process. And if all else fails, you can always look into selling your property to escape the "landlord game."