Eviction Law in Florida
With rising rent prices and record levels of missed payments, more landlords are turning to the court system to regain control of their property. According to recent housing reports, Florida remains one of the most expensive rental markets in the country—making every month of unpaid rent even more costly.
Fortunately, you don’t have to navigate this process alone. Asking for a referral from a local attorney can help you identify the next steps and take them with confidence.
This guide explains the key steps in Florida’s eviction process—from notices to court filings—and shows you how to take action while staying compliant with state law.
What Is an Eviction?
Eviction is the legal process a landlord uses to remove a tenant from the property—typically after serious issues like nonpayment of rent or repeated violations of the lease. But while eviction might seem straightforward, it’s often anything but.
In Florida, landlords must follow a clearly defined legal process, and even a small error can delay the case or lead to dismissal.
That said, not every eviction notice ends with a locked door. In many cases, the notice itself works as a final warning. Once a tenant realizes the seriousness of the situation, they may pay what’s owed or agree to correct the issue.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
When a tenant repeatedly pays rent late—or stops paying altogether—it can quickly disrupt your rental business. Chronic nonpayment is one of the most common reasons landlords in Florida initiate the eviction process. While some states require landlords to offer a grace period, Florida does not.
In Florida, the rules around late fees are also relatively flexible. State law doesn’t impose a specific limit on how much a landlord can charge for late rent. However, any late fees must be clearly outlined in the lease agreement. If they’re not, the landlord may still charge one, but this can become a point of contention if challenged in court.
To protect yourself, always issue written notices when rent is late and keep copies of every communication. These records become especially important if you have to prove your case in court.
The Tenant Violates the Terms or Conditions of the Lease Agreement
A lease agreement is more than just paperwork—it’s a legally enforceable contract. When a tenant breaks one of its terms, such as moving in unauthorized occupants, refusing to follow noise rules, or subletting without permission, the landlord is generally within their rights to begin the eviction process.
That legal obligation goes both ways. Florida landlords must also uphold their end of the agreement, which includes handling repairs, providing necessary maintenance, and ensuring the property remains habitable under state housing codes. Failing to meet those responsibilities could give the tenant legal standing to break the lease—or even countersue during eviction proceedings.
The Tenant Damages the Property
Normal wear and tear is part of every rental experience—minor scuffs on the wall, faded paint, or worn carpet are to be expected. But when the damage crosses the line into intentional or reckless destruction—like broken windows, punched-in drywall, or removed fixtures—it becomes a legal concern. In Florida, this type of severe property damage may justify eviction if the tenant refuses to stop or repair the harm.
That said, not every repair issue warrants removal. If a tenant takes care of small fixes themselves and avoids altering the property beyond what’s reasonable, eviction may not be appropriate. Always document the condition of the unit through photos, written complaints, or contractor assessments to establish a record if the situation escalates.
The Tenant Uses the Property for Illegal Purposes
Using your Florida rental for illegal activity—whether it’s drug distribution, weapons sales, or other criminal operations—is serious grounds for eviction. Once you become aware of any illegal conduct, you should report it to law enforcement immediately.
Before moving forward with the eviction, make sure you’ve gathered credible evidence. Police reports, citations, or documented disturbances at the property can help demonstrate to the court that the eviction is based on unlawful use, not just suspicion.
How to Evict a Tenant in Florida
Step 1. Check Your Local Laws
Eviction laws in Florida—like in many states—come with specific procedures and requirements that landlords must follow. Before taking any formal action, it’s important to make sure you have a legally valid reason for issuing a notice.
Simply being frustrated with a tenant isn’t enough. To protect your position, consult with a Florida attorney who can evaluate the situation and help you avoid costly missteps.
Florida law gives tenants the right to quiet enjoyment of their home. That means a landlord can’t enter the property without proper notice unless it’s an emergency. According to The Florida Bar, landlords are allowed to enter to make repairs or perform inspections, but only after giving reasonable notice and choosing a time that works for the tenant.
Tenants also have certain protections when it comes to property conditions. If the landlord fails to maintain the home in accordance with state or local housing codes, tenants may be able to withhold rent until those issues are resolved. Landlords are expected to cover the cost of repairs necessary to keep the unit livable, and ignoring these responsibilities can shift legal leverage to the tenant.
Step 2. Give a Formal Notice of Eviction
If your tenant continues to violate the lease after you’ve made attempts to resolve the issue informally, the next step is to issue a formal eviction notice. This notice should clearly outline what rule or term the tenant has broken, along with instructions on how they can fix the issue—or whether they must leave the property altogether.
The notice must be specific. Include how much rent is owed, if applicable, and the deadline to pay or move out. In Florida, many landlords turn to templates to draft their notices, but you may benefit from speaking with an attorney to make sure the notice is enforceable and follows state law.
Florida’s Residential Landlord Tenant Act requires landlords to serve a written Notice to Vacate before initiating eviction. If the issue is nonpayment of rent, the tenant must be given three days to either pay the balance or vacate the premises. If they offer full payment within the three-day window, you are legally required to accept it. If they don’t comply, you can proceed with filing a formal complaint with the Clerk of Court.
Once the court rules in your favor, the judge will issue a Writ of Possession. This is a final notice posted by the County Sheriff at the property, giving the tenant 24 hours to vacate. If the tenant still refuses to leave, the Sheriff has the authority to carry out a forced eviction.
Step 3. File the Eviction with the Court
Once you’ve served the notice and the tenant hasn’t corrected the issue or moved out, it’s time to file your eviction case with the court. In Florida, eviction filings usually go through County Court, which has exclusive jurisdiction over possession of rental property. While both County and Circuit Courts handle landlord-tenant matters, nearly all eviction cases go through the County Court due to its authority over real property possession and lower filing costs.
The court will process your complaint and schedule a hearing. A summons will then be issued and served to the tenant, notifying them of the upcoming court date. From that point forward, your case proceeds through the Florida court system just like any other civil matter.
Step 4. Contact an Experienced Florida Eviction Attorney and Prepare for the Hearing
An experienced Florida eviction attorney can make a big difference in helping you meet all filing requirements and avoid common missteps. Their job is to help you present the strongest possible case and ensure you’re complying with state law from start to finish.
Make sure you show up to court fully prepared. Bring these documents to support your eviction:
- A copy of the signed lease agreement
- Proof of payments made and any balances owed
- Returned or bounced checks, if applicable
- Written communication between you and the tenant
- A copy of the eviction notice you served
- Evidence the tenant received the notice properly (such as a service affidavit or receipt)
Step 5. Evict the Tenant
If the court rules in your favor, the tenant will receive a short window to leave the property—usually just 24 hours once the Writ of Possession is posted by the Sheriff. In Florida, the Sheriff is the only authority permitted to physically carry out an eviction. If the tenant does not vacate voluntarily within that time frame, the Sheriff can remove them and secure the property by locking the premises.
Don’t attempt to change the locks or remove belongings yourself. That kind of “self-help” eviction is illegal in Florida and could expose you to liability. Instead, allow law enforcement to handle the final step of the process.
Step 6. Collect Past-Due Rent Payments
Even after a successful eviction, collecting unpaid rent is not always easy. The judgment may be in your favor, but enforcement often requires additional legal steps. If your tenant leaves behind a balance, you have several options for pursuing it:
- Hire a debt collection agency to handle recovery
- File for wage garnishment through the court
- Request a tax refund offset from the IRS (if applicable)
- Sue the former tenant in small claims court to obtain a monetary judgment
Work with an Experienced Eviction Attorney in Florida
It’s not uncommon for Florida tenants to challenge an eviction by claiming that the notice was served improperly or that the process wasn’t followed to the letter. That’s why working with a knowledgeable Florida eviction attorney is so important.
With legal support, you can avoid costly missteps and protect your rights as a property owner. We can even help you connect with an attorney across Florida state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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