Evictions come with a lot of stress for both the landlord and the tenant, but sometimes it's inevitable. While landlords have the right to evict tenants from their rental properties, they can only do so for reasons provided by law.

In Florida, the eviction process is governed by specific guidelines as outlined in the Florida Residential Landlord and Tenant Act. These laws are designed to ensure fairness and legal compliance for both landlords and tenants. 

This article will cover everything you need to know about Florida eviction laws from the grounds for eviction to how to evict someone in Florida. We'll also be providing answers to questions you might have concerning eviction laws in Florida. 

Understanding Florida Eviction Laws

The eviction process in Florida allows landlords to reclaim rental properties under specific circumstances. Landlords can initiate eviction for non-payment of rent, lease violations, significant property damage, or illegal activities.

Before filing, they must provide written notice:

• a 3-day notice for unpaid rent, 
• a 7-day notice for correctable lease violations, 
• and at least 15 days' notice for month-to-month tenancies without cause. 

If tenants do not comply, landlords can file an eviction lawsuit in county court, including necessary documentation. A court hearing follows, and if the court rules in favor of the landlord, a writ of possession is issued for law enforcement to remove the tenant. 

Tenants have rights during this process, including receiving proper notice and the chance to address lease violations. 

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Overview of Florida Eviction Laws

• Grounds for Eviction: Landlords can evict tenants for non-payment of rent, lease violations, significant property damage, or illegal activities.
• Notice Requirements: 3-Day Notice, 7-Day Notice, 7-Day Unconditional Quit Notice, and 15-Day Notice.
• Eviction Process Steps:
  • Provide a written notice to the tenant.
  • File an eviction lawsuit in the appropriate county court if the tenant does not comply.
  • Serve the tenant with a summons and complaint regarding the lawsuit.
  • Attend a court hearing where both parties present evidence.
  • If the landlord wins, a writ of possession is issued.
  • Law enforcement may remove the tenant if they refuse to vacate.

• Tenant Rights: Tenants have the right to proper notice, contest eviction in court, and defend against retaliatory eviction or claims of uninhabitable conditions.
• Illegal Evictions: Landlords cannot engage in self-help evictions (e.g., changing locks or shutting off utilities), retaliatory evictions, or discriminatory practices based on protected classes.
• Timeline: The entire eviction process can take approximately 20 to 37 days, depending on various factors and potential delays

Legal Grounds for Eviction in Florida

Landlords cannot evict a tenant without a valid reason. So, how does eviction work in Florida?

Here are some of these legally recognized grounds for eviction in Florida:

• Failure to Pay Rent: This is the most common reason for eviction. If a tenant does not pay rent by the due date specified in the lease, the landlord can issue a three-day notice to pay rent or vacate. If the tenant fails to comply, the landlord may proceed with eviction process Florida.
• Violation of Lease Agreement: If a tenant breaches any terms of the lease—such as unauthorized subletting, keeping pets in violation of a no-pets policy, or exceeding occupancy limits—the landlord can issue a seven-day notice to cure. The tenant has seven days to rectify the violation; failure to do so allows the landlord to pursue eviction.
• Damage to Property: Excessive damage beyond normal wear and tear can be grounds for eviction. In such cases, landlords can issue a seven-day unconditional quit notice, requiring the tenant to vacate without an opportunity to repair the damage.
• Illegal Activities: If a tenant uses the property for illegal activities, such as drug dealing, this constitutes valid grounds for eviction. Landlords can issue a seven-day unconditional quit notice without allowing the tenant to correct the behavior.
• Non-Renewal of Lease: At the end of a lease term, landlords may choose not to renew the lease. They must provide appropriate written notice of termination, with the length depending on the rental period. This is not considered a fault-based eviction, and landlords are not required to provide a reason for non-renewal.

Related: The Step by Step Guide to Avoiding Late Rent Payments

What Landlords Cannot Do in Florida

While Florida law is generally favorable to landlords during an eviction process Florida, there are specific actions they must avoid:

• Self-Help Evictions: Landlords cannot forcibly remove tenants by shutting off utilities or changing locks. Such actions are illegal and can lead to legal repercussions.
• Retaliatory Evictions: Evicting a tenant in retaliation for complaints about housing conditions or other lawful actions is prohibited.
• Discrimination: Evictions based on gender, race, religion, nationality, or familial status are illegal under federal and state fair housing laws.

Eviction Notice Requirements

State law requires that landlords provide proper eviction notice Florida before trying to evict a tenant. 

Below is an overview of the acceptable eviction notice in Florida, which varies based on the condition or type of lease in place.

3-Day Notice to Pay or Quit

This notice is issued to tenants who have failed to pay their rent on time. The notice must clearly state the exact amount of rent due and provide the tenant with three days (excluding weekends and holidays) to make the payment. 

If payment is still not made after the 3-day notice, landlords may initiate eviction proceedings under Fla. Stat. § 83.56(3).

7-Day Notice of Lease Violation with a Chance to ‘Cure’

This eviction notice in Florida is used when a tenant violates the terms of their lease or statutory obligations that can be corrected. The landlord must provide a 7-day notice detailing the specific lease violations and inform the tenant that they have one week to rectify the issue. 

If the tenant fails to cure the violation within this period, the landlord can proceed with eviction under Fla. Stat. § 83.56(2)(b).

7-Day Unconditional Quit Notice for Uncorrectable Lease Violations

In cases where a tenant has committed lease violations that cannot be cured, landlords can issue a 7-day unconditional quit notice as per Fla. Stat. § 83.56(2)(a). This notice specifies the lease terms violated and demands that the tenant vacate the property within seven days or face eviction proceedings.

Month-to-Month Tenancy Notice

For tenants without a signed lease or those on a month-to-month basis, landlords can terminate tenancy without providing a specific reason, as long as they give proper notice according to Fla. Stat. § 83.57. Month-to-month tenants must receive a minimum of 15 days' notice to vacate.

Leaseless Tenancy Notice 

Since Florida eviction laws do not automatically renew leases upon expiration, tenants who continue to occupy a rental unit after their lease ends are considered "leaseless." The same notice process for month-to-month tenants applies in these situations, ensuring that landlords follow appropriate procedures for termination.

Download Free Florida Eviction Notice Template(s)

Steps in The Florida Eviction Process

Here's an overview of the steps involved in a typical eviction process Florida:

• Step 1: The Landlord provides the tenant with an appropriate written notice to vacate or cure.
• Step 2: If the tenant refuses to leave or fails to cure the infraction, the landlord can proceed to file an eviction lawsuit.
• Step 3: The tenant is served with a summons and complaint regarding the lawsuit.
• Step 4: A court hearing is scheduled where both parties present their evidence.
• Step 5: If the landlord prevails in court, they receive a writ of possession.
• Step 6: Law enforcement agents return control of the property to the landlord.

Florida Eviction Laws Process

This section will answer the question, “How do evictions work in Florida?” Here’s a detailed overview of the process:

Step 1: Provide a Written notice

To initiate the eviction process, landlords must issue a written notice to the tenant, clearly stating the reason for eviction and the required time frame for compliance. This notice period can vary based on the grounds for eviction and the type of lease, typically ranging from 3 to 15 days. It is essential for landlords to keep a signed copy of this notice as evidence.

Step 2: File an Eviction Lawsuit

If the tenant does not comply with the written notice, landlords can file an eviction lawsuit in the appropriate county court. This can be done in person or through an e-filing portal. The lawsuit must include pertinent details such as the names of both the landlord and tenant, the reason for eviction, the property address, and a copy of the notice served to the tenant.

Step 3: Tenants are Served with Summons and Complaint

Once the lawsuit is filed, tenants will be served with a summons and complaint regarding the eviction. They have up to 5 days to contest the lawsuit in writing. If a tenant contests, it may prolong the court process as they will need to present valid reasons for not being evicted.

Step 4: Court Hearing

A court hearing is scheduled where both parties present their case before a judge. Essential documents such as the rental agreement, eviction notices, and any supporting evidence must be submitted. After reviewing all materials, the judge will make a ruling; if the tenant fails to appear, the judgment will typically favor the landlord.

Step 5: Writ of possession

If the landlord wins the case, they will receive a writ of possession, which legally requires the tenant to vacate the premises within 24 hours. Should the tenant refuse to leave, law enforcement authorities will assist in their removal.

Step 6: Return of Property

After obtaining the writ of possession, authorities will return control of the property to the landlord. If necessary, law enforcement may oversee the removal of any remaining personal property from the premises to ensure a smooth transition.

How Long Does It Take To Evict A Tenant in Florida: Timeline

To answer the question “How long does the eviction process take in Florida?”, we'll have to examine all the processes involved.

Here’s a comprehensive timeline for each step in the eviction process in Florida, based on average timelines:

Overall, the entire eviction process in Florida can take approximately 20 to 37 days to complete, depending on the circumstances and any potential delays.

Preparing For Your Eviction Hearing in Florida

When preparing for an eviction hearing in Florida, landlords must be organized and equipped with the necessary documents and evidence to support their case. 

Here’s what landlords need to know and prepare:

• Understand the Legal Grounds for Eviction: Ensure that you have valid legal grounds for eviction, such as non-payment of rent, lease violations, or other breaches of the rental agreement.
• Gather Essential Documents:
  • Lease Agreement: A copy of the signed lease agreement is crucial as it outlines the terms of tenancy.
  • Eviction Notice: Bring a copy of the eviction notice served to the tenant, along with proof of service (e.g., certified mail receipt or witness statement).
  • Complaint for Eviction: This document details the reasons for eviction and must be filed with the court.
  • Payment Records: Provide records showing unpaid rent or any other financial obligations the tenant has failed to meet.
• Collect Evidence of Lease Violations:
  • Photographs or Videos: Visual evidence of property damage or lease violations can be compelling.
  • Witness Statements: Gather statements from other tenants or witnesses who can corroborate your claims and ensure they are prepared to testify in court if needed.
• Prepare Your Testimony: Be ready to clearly explain your case to the judge, outlining the reasons for eviction and supporting evidence. Practice presenting your information succinctly and confidently.
• Know the Rules of Evidence: Familiarize yourself with Florida's rules regarding admissible evidence, as hearsay evidence may not be accepted unless the author is present to testify.
• Anticipate Tenant Defenses: Be prepared for potential defenses the tenant may raise, such as retaliatory eviction or issues with habitability, and have counter-evidence ready to refute their claims.
• Consult an Attorney if Needed: If you're unsure about the legal process or what evidence is required, consider consulting with an attorney experienced in Florida eviction law to ensure you are adequately prepared.

Tenant Rights During Eviction

In Florida, tenants have specific rights that protect them during the eviction process.

• Right to Proper Notice: Tenants must receive a written notice before eviction proceedings begin, specifying the reason for eviction and the compliance time frame, which typically ranges from 3 to 15 days.
• Defense Against Retaliatory Eviction: Tenants cannot be evicted in retaliation for exercising their legal rights, such as reporting health or safety violations; they can raise this defense in court.
• Habitability Issues: Tenants have the right to a habitable living environment. If landlords fail to maintain the property, tenants may defend against eviction by proving the property was uninhabitable and that they notified the landlord of these issues.
• Right to Contest Eviction: Tenants can contest an eviction lawsuit by filing a written response within five days of being served with a summons and complaint, allowing them to present their case in court.

Conclusion: Eviction Laws Florida

For landlords in Florida, successfully navigating the eviction process requires a thorough understanding and adherence to state eviction laws. This includes providing tenants with a proper notice to vacate and, if the tenant does not comply, proceeding to a court hearing. If the landlord wins the case, a Writ of Possession will be issued, authorizing law enforcement to remove the tenant if necessary.

It is crucial for landlords to recognize that tenants have rights and can contest an eviction in court. Therefore, landlords should diligently gather all necessary evidence and documentation to support their case, ensuring they are well-prepared for any legal proceedings.

Download Free Forms and Templates for your Florida Rentals

Get lease agreements, notices, rental applications and more in this free landlord form bundle.

Florida Landlord Tenant Laws

• Florida Landlord Tenant Laws: Overview
• Florida Security Deposit Laws
• Florida Rent Increase Laws: How Much Can You Raise The Rent?
• Florida Tenant Screening Laws
• A Guide To Florida Rental Applications
• A Guide To Florida Lease Agreements [+Free Template]

Related Articles 

• How To Evict A Tenant: The Landlords Guide To Fast Legal Evictions
• How To Evict A Tenant With No Lease
• Why Are Evictions So Costly? (and How to Avoid Them)

Legal Aid Services

• Florida Legal Services
• Florida Courts (.gov)
• FACE (Florida Attorneys Counseling on Evictions)
• Florida Pro Bono Matters
• Florida Clerk of Court Offices