Eviction Law in Fort Myers, FL
Evicting a tenant can feel overwhelming—especially when the laws seem to work against you. As a Fort Myers property owner, you might be dealing with unpaid rent, repeated lease violations, or even illegal activity on your premises. These problems go beyond inconvenience. They can cost you time, income, and peace of mind.
If you are ready to take action, start by reviewing this guide to eviction law in Fort Myers. Whether you’re dealing with nonpayment or serious violations, this breakdown will help you understand your rights and responsibilities.
And when you’re ready to move forward, we can help you connect with a Fort Myers eviction attorney who knows the local court system—and how to get results.
What Is an Eviction?
An eviction is the legal removal of a tenant after a landlord has served notice. In most cases, this notice follows unpaid rent, repeated lease violations, or other serious breaches of the rental agreement. While the process might sound simple, removing a tenant in Fort Myers can be difficult.
Florida law includes several tenant protections, and a single mistake can delay your case or result in dismissal. Understanding the steps and requirements of eviction law in Fort Myers is the first step toward protecting your property rights.
Not every eviction notice ends in a forced removal. In many situations, the notice works as a final warning. If your tenant pays the rent or agrees to comply with the terms of the lease, the eviction process may stop there.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
If your tenant in Fort Myers has stopped paying rent or consistently pays late, you may have legal grounds to begin the eviction process. Occasional late payments might be covered under a lease’s grace period, but chronic delinquency is another matter.
Florida law does not mandate a grace period, which means landlords are not required to give extra time unless it’s built into the lease. Once rent is late, you may issue a formal demand for payment or possession.
Landlords in Fort Myers can charge a late fee when rent is overdue, but only if the lease includes specific terms. The rental agreement must clearly outline the fee amount and the conditions under which it applies.
To strengthen your case, always document missed payments and send written notices when rent is late. Keep copies of all communication with your tenant, including emails, letters, and payment records. If the matter proceeds to court, these documents will serve as vital evidence that you followed the proper steps.
The Tenant Violates the Terms or Conditions of the Lease Agreement
A lease agreement is more than just paperwork—it is a binding legal contract. When a Fort Myers tenant violates any of its terms, it can open the door to eviction. Common violations include subletting without permission, unauthorized occupants, or keeping pets against the terms of the lease. In these cases, the landlord may issue a formal eviction notice based on the specific breach.
That same agreement also binds the landlord. If you are the property owner, you are expected to follow through on your responsibilities—such as making repairs or maintaining the unit as required. Tenants may take legal action or withhold rent if landlords ignore those obligations.
The Tenant Damages the Property
Not all property damage is equal. Routine wear and tear is part of renting out a home—scuffed paint or worn flooring comes with the territory. But when the damage is clearly intentional or severe—like holes in the walls or broken appliances—that may justify taking further legal action, including eviction.
Still, it is important to evaluate the tenant’s response. If they attempt to make repairs or notify you of the damage in good faith, that may not be reason enough to pursue removal. In contrast, ongoing or escalating damage paired with a refusal to cooperate often signals a larger issue that calls for formal resolution.
The Tenant Uses the Property for Illegal Purposes
If you discover that your Fort Myers tenant is using the rental for illegal activity—such as drug manufacturing or weapons sales—you likely have firm legal grounds to begin eviction. Beyond being a lease violation, illegal use of the property can pose a serious threat to neighbors and public safety.
But these cases demand strong evidence. If police have already responded to incidents at the property or filed official reports, that documentation will help support your case in court. You should not delay action, but you should always gather the facts before proceeding.
How to Evict a Tenant in Fort Myers, Florida
If you want to evict a tenant for any reason, then you need to understand the eviction process. Here’s how it works.
Step 1. Check Your Local Laws
Eviction laws vary not only from state to state but also between cities and counties. As a result, Fort Myers landlords must understand both state statutes and any relevant local ordinances before initiating the eviction process. Even a minor misstep in notice or procedure can result in delays or a dismissal.
In some cases, it may not be the landlord pursuing action—it may be the tenant asserting their rights. Florida law allows Fort Myers tenants to withhold rent if the landlord fails to maintain the property. This includes situations where the home becomes wholly untenantable due to neglected repairs. However, the tenant must provide a written notice that clearly outlines the problems and gives the landlord at least 20 days to fix them.
The notice must also make it clear that rent will be withheld during the next payment cycle and will continue to be withheld until the repairs are completed. If the landlord fails to act within the time allowed, the tenant may have legal protection against eviction based on nonpayment.
Step 2. Give a Formal Notice of Eviction
If a tenant continues to break the rules of your lease despite multiple conversations or warnings, the next step is to serve them with a formal eviction notice. This written notice acts as a final warning. It should clearly describe the lease violation and offer the tenant one last opportunity to resolve the issue—whether that means paying rent, removing unauthorized occupants, or correcting some other breach of contract.
Every eviction notice in Fort Myers should also include a specific deadline. You must tell the tenant exactly how many days they have to comply and the total amount owed, if any. Leaving these details out could jeopardize your case in court. If you’re unsure how to structure your notice, consider using a Florida-compliant template or ask a Fort Myers eviction attorney to draft one on your behalf.
For non-payment of rent cases, Fort Myers landlords must serve a Notice of Termination for Failure to Pay Rent. This is required under the Florida Residential Landlord Tenant Act. The notice must give the tenant three business days to pay the full rent or move out. Weekends and legal holidays do not count in this calculation, so it’s important to track the timeline accurately.
If the tenant refuses to vacate or pay, the next step is to file a formal eviction complaint with the Lee County Clerk of Court. Should the court rule in your favor, a Writ of Possession will be issued. The Lee County Sheriff’s Office will then post this notice on the property, giving the tenant 24 hours to leave. If they still refuse, the Sheriff has the authority to carry out a physical eviction and secure the property.
Step 3. File the Eviction with the Court
Once your notice period has passed, the next step is to file a formal eviction case with the appropriate court. In Fort Myers, both the Lee County Court and the 20th Judicial Circuit Court have the authority to hear landlord-tenant disputes.
Step 4. Contact an Experienced Fort Myers, Florida Eviction Attorney and Prepare for the Hearing
Do not wait until the last minute to consult an attorney. A qualified Fort Myers eviction lawyer can help you understand courtroom procedures, compile strong documentation, and ensure that your notice, complaint, and evidence meet state and local requirements.
When you appear in court, bring the following materials:
- A signed copy of the lease agreement
- A full payment history, including missed rent
- Any bounced or returned checks
- Emails, texts, or letters exchanged with the tenant
- A dated copy of the eviction notice
- Proof that the notice was properly delivered (mail receipt, photo, or witness statement)
Step 5. Evict the Tenant
If the court rules in your favor, the judge will issue a Writ of Possession that gives your tenant a final window to vacate. In Fort Myers, this period is typically 24 to 48 hours. The Writ is then delivered by the Lee County Sheriff, who will physically post the notice at the property.
If your tenant still refuses to leave by the deadline, the Sheriff has the legal authority to remove them and secure the unit with a padlock. You are not permitted to carry out a self-eviction or change the locks yourself.
Step 6. Collect Past-Due Rent Payments
Winning an eviction does not guarantee that you will recover lost rent. Unfortunately, you may still have to pursue additional legal action to collect past-due amounts. Once the tenant has vacated, you can begin using more formal recovery methods:
- Hire a licensed debt collection agency
- File a garnishment for their wages
- Attempt to garnish their state or federal tax refunds
- Sue the tenant for back rent in small claims court
Work with an Experienced Eviction Attorney in Fort Myers, Florida
If you plan to evict a tenant in Fort Myers, make sure your process aligns with Florida law from the start. Tenants often fight back by claiming you failed to provide proper notice or didn’t follow the correct legal procedure. That can delay your case or even cost you the judgment.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area! We can even help you connect with an attorney across Florida state lines.
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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