--- title: "Florida Eviction Process: A Step-by-Step Guide for Owners" description: "How evictions work in Florida: the 3-day and 7-day notices in §83.56, filing in county court under §83.59, the rent deposit rule, and the sheriff's writ." url: https://floridahosts.com/resources/florida-eviction-process-for-owners/ --- ![A house key on a house-shaped keyring handed over at the start of a lease](/images/long-term-rental-management-keys.webp) Mid-Term & Long-Term # Florida Eviction Process: A Step-by-Step Guide for Owners How evictions work in Florida: the 3-day and 7-day notices in §83.56, filing in county court under §83.59, the rent deposit rule, and the sheriff's writ. 10,000+ guest reviews since 2016 · [Call (321) 321-2348](tel:+13213212348) Free rental projection — about a minute Free, no obligation. Prefer to talk? Call [(321) 321-2348](tel:+13213212348). By the Florida Hosts team · October 13, 2026 · Mid-Term & Long-Term A Florida eviction starts with a written notice under [§83.56](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.56.html): 3 days for unpaid rent, or 7 days for other lease violations. If the tenant does not pay, cure or leave, the landlord files for possession in county court under [§83.59](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.59.html), and after a judgment the sheriff returns the home. Changing the locks or cutting utilities yourself is never part of the process. ## Which notice comes first? The notice depends on the reason. All of them are set out in §83.56, and their delivery rules cannot be waived in the lease. For unpaid rent, [§83.56(3)](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.56.html) allows the landlord to terminate the rental agreement if the default “continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises.” Legal holidays here mean court-observed holidays only. The notice must state the amount owed, the address of the home including the county, the deadline date, and the landlord’s name, address and phone number. For lease violations other than rent, §83.56(2) sets two kinds of 7-day notice: - Curable violations. The notice names the problem and warns that the lease will be terminated if it is not corrected within 7 days. The statute’s examples include “unauthorized pets, guests, or vehicles,” unauthorized parking, and failing to keep the home clean and sanitary. If the same conduct happens again within 12 months, the landlord may file without a second notice. - Non-curable violations. The notice terminates the lease and gives the tenant 7 days to leave. The statute’s examples are intentional destruction or misuse of property, fraudulent entry of a dwelling, and “a subsequent or continued unreasonable disturbance.” It also applies to a repeat of a similar violation within 12 months of a written warning. ## How must the notice be delivered? [§83.56(4)](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.56.html) allows “mailing, delivering a true copy thereof, e-mailing in accordance with s. 83.505, or, if the tenant is absent from the premises, by leaving a copy thereof at the residence.” Email counts only if both sides signed the electronic notice addendum in [§83.505](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.505.html). Keep a copy of every notice and a record of how and when you delivered it. ## What if the lease simply ends? A month-to-month tenancy ends with not less than 30 days’ written notice before the end of a monthly period under [§83.57](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.57.html). A tenant who stays after a lease expires without permission is holding over. [§83.58](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.58.html) lets the landlord recover possession through §83.59 and “double the amount of rent due” for the holdover period. ## Can accepting rent cancel the eviction? It can. Under [§83.56(5)(a)](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.56.html), a landlord who accepts rent “with actual knowledge of a noncompliance” waives the right to terminate for that noncompliance, though not for a later or continuing one. Accepting partial rent does not waive the right, but after posting a nonpayment notice the landlord must do one of three things: give a receipt stating the amount, date and new balance before filing; place the partial rent in the court registry when filing; or post a new 3-day notice for the new amount. ## How does the court case work? [§83.59(2)](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.59.html) requires the landlord, the landlord’s attorney or agent to file “in the county court of the county where the premises are situated a complaint describing the dwelling unit and stating the facts that authorize its recovery.” An agent who is not an attorney may file the complaint but take no other action. The case runs under the summary procedure in [§51.011](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0051%2FSections%2F0051.011.html), where the tenant’s answer is due within 5 days after service. The key step for owners is the rent deposit. Under [§83.60(2)](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.60.html), a tenant who raises any defense other than payment, including a defective 3-day notice, must pay the alleged rent into the court registry, plus rent that comes due while the case is pending. If the tenant fails to pay or to move to set the amount within 5 days, excluding weekends and legal holidays, after service, that “constitutes an absolute waiver of the tenant’s defenses other than payment,” and the landlord is entitled to an immediate default judgment and writ of possession. Tenants do have real defenses: - Repairs. Under §83.60(1), a material failure to meet the landlord’s duties in [§83.51(1)](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.51.html) is a complete defense to a nonpayment case, if the tenant gave 7 days’ written notice of the problem and of withholding rent. - Retaliation. [§83.64](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.64.html) makes it unlawful to evict primarily to retaliate for a code complaint, tenant organizing or fair housing activity. It does not apply when the landlord proves good cause, such as nonpayment or a lease violation. - Notice errors. The landlord “must be given an opportunity to cure a deficiency in a notice or in the pleadings before dismissal,” under §83.60(1)(a). ## What happens after the judgment? [§83.62](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.62.html) directs the clerk to issue a writ commanding the sheriff to put the landlord in possession “after 24 hours’ notice conspicuously posted on the premises.” Weekends and legal holidays do not pause that 24 hours. When the writ is executed, the landlord may move the tenant’s belongings to or near the property line, and may ask the sheriff to stand by while the locks are changed, at an hourly rate the sheriff sets. For back rent, [§83.625](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.625.html) lets the court enter a money judgment with costs alongside possession, but only if the tenant was personally served or served another way the law allows. The prevailing party may also recover attorney’s fees under [§83.48](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.48.html). ## What can an owner never do? [§83.59(3)](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.59.html) limits how a landlord gets a home back: a court action, the tenant surrendering it, the tenant abandoning it, or the narrow case of a deceased last tenant. [§83.67](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.67.html) bars cutting utilities, changing locks, removing doors or windows except for repair, and removing belongings outside a lawful eviction. The penalty is actual and consequential damages or three months’ rent, whichever is greater, plus costs and attorney’s fees. ## Is a vacation rental guest evicted the same way? No. Chapter 83 excludes “transient occupancy in a hotel, condominium, motel, roominghouse, or similar public lodging” under [§83.42(3)](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.42.html). Licensed public lodging, including vacation rentals, has its own removal procedure in [§509.141](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599%2F0509%2FSections%2F0509.141.html), which covers guests who disturb other guests, fail to pay by checkout or fail to check out on time. Furnished stays of a month or more are less clear-cut; our [mid-term rental guide](/resources/mid-term-rentals-in-florida/) explains why. ## How Florida Hosts helps Florida Hosts manages [long-term rentals](/services/long-term-rental-management/) across Florida, with licensed brokers handling the leasing, including tenant screening. Our own maintenance staff handle repairs, which matters here because a landlord’s failure to make required repairs can be a defense to a nonpayment case. For the full set of landlord duties, read our guide to [Florida landlord-tenant law](/resources/florida-landlord-tenant-law-basics/). This guide is general information, not legal advice; eviction deadlines are strict, so confirm every step with a Florida attorney before you serve a notice or file. FH Written by the Florida Hosts team We're a vacation rental management company working across Florida. We manage 350+ homes, have earned 10,000+ guest reviews, and bring 10 years of hands-on hosting experience to every guide we publish. [More about Florida Hosts →](/about/) Questions about your specific property? Talk to a real person on our team — straight answers, no scripts. [Call (321) 321-2348](tel:+13213212348) [Get a free projection](/rental-projection/) Free projection · about a minute ## What could your property earn? Tell us about it and we'll build a free, comps-based projection — a real person, not an algorithm, back to you within one business day. Free, no obligation. Prefer to talk? [Call (321) 321-2348](tel:+13213212348) Common Questions ## Frequently Asked Questions How many days' notice does a Florida landlord give for unpaid rent? Three days, excluding Saturday, Sunday and court-observed legal holidays, under §83.56(3). The notice demands payment of the rent or possession of the home, and if the default continues past that period the landlord may terminate the rental agreement and file for possession. What is a 7-day notice in Florida? It is the notice for lease violations other than unpaid rent, under §83.56(2). For problems the tenant can fix, such as an unauthorized pet, it gives 7 days to cure. For serious or repeated violations within 12 months of a written warning, it terminates the lease and gives the tenant 7 days to leave. Can a property manager file an eviction in Florida? Under §83.59(2), a landlord's agent may file the initial complaint, but cannot take any other action in the case unless the agent is an attorney. Past the filing, the owner acts personally or through an attorney. What happens if the tenant does not pay rent into the court registry? Under §83.60(2), a tenant raising any defense other than payment must deposit the alleged rent with the court. Failing to deposit it, or to move to set the amount, within 5 days excluding weekends and legal holidays after service waives those defenses, and the landlord is entitled to an immediate default judgment and writ of possession. Can I change the locks if my tenant stops paying? No. Section 83.67 bars changing the locks, cutting utilities or removing a tenant's belongings to force them out. The tenant can recover actual and consequential damages or three months' rent, whichever is greater, plus attorney's fees. Looking for more owner guides? [← Back to all resources](/resources/) [See our pricing](/pricing/) [Get my free projection](/rental-projection/) Related guides ## Keep reading [Mid-Term & Long-Term ### Florida Landlord-Tenant Law: The Basics for Rental Owners What Chapter 83 asks of Florida landlords: lease rules, required disclosures, repairs under §83.51, entry under §83.53, and the notices that end a tenancy. Read the guide →](/resources/florida-landlord-tenant-law-basics/) [Mid-Term & Long-Term ### Florida Security Deposit Rules for Landlords (§83.49) Florida's security deposit law in plain English: where the deposit must be held, the notice tenants get, and the 15-day and 30-day deadlines at move-out. Read the guide →](/resources/florida-security-deposit-rules/) [Mid-Term & Long-Term ### Mid-Term Rentals in Florida: The 30-Day Line Explained How furnished stays of 30 days or more work in Florida: the state lodging definition, city 30-day rules, and the taxes still due up to six months. Read the guide →](/resources/mid-term-rentals-in-florida/) ## See what your home could earn Get a free, no-obligation rental projection from people who actually manage homes in your neighborhood. [Get my free projection](/rental-projection/) [or call (321) 321-2348](tel:+13213212348) Free · comps-based · delivered within one business day.