Eviction Law in Orlando, FL

Facing eviction in Orlando can feel like you’re navigating a storm without a compass. Whether you’re a landlord struggling to enforce a lease or a tenant unsure of your rights, the Florida eviction process can be confusing and intimidating.

But you’re not powerless. Florida law offers a clear roadmap, if you know where to look. From issuing notices to securing court orders, understanding the legal framework gives you a powerful advantage.

Ready to take the next step? Read this full guide to learn how the process works and ask us for a referral to a qualified Orlando attorney who can help you take action.

What Is an Eviction?

An eviction is a legal process through which a landlord seeks to remove a tenant from rental property. This usually happens after the tenant fails to pay rent, violates lease terms, or engages in illegal behavior. However, evictions must follow a strict legal process, and landlords who cut corners may face delays or dismissal.

In Orlando, most evictions start with a notice but end in court. Florida law favors tenants in terms of procedural protections, so a notice alone doesn’t grant possession back to the landlord. Instead, the landlord must demonstrate proper cause and follow the steps outlined by state statutes.

In many cases, eviction notices are treated as final warnings. If the tenant complies by paying overdue rent or curing a lease violation, the eviction process may end there. For landlords, understanding the limits and requirements of legal action is critical before moving forward.

When Can Landlords Send a Termination Notice?

The Tenant Doesn’t Pay Rent

In Florida, there is no legally mandated grace period for paying rent late. If a tenant in Orlando misses their due date, the landlord can issue a Three-Day Notice to Pay Rent or Vacate the property. However, if a lease agreement includes a grace period, the landlord must honor it.

This notice must clearly state the amount owed and give the tenant three business days to either pay or leave. Weekends and legal holidays do not count toward the deadline. If the tenant complies, the eviction halts. If they ignore the notice, the landlord can proceed to court.

Landlords should always issue late rent notices and maintain meticulous records. This paper trail can be crucial when presenting evidence before a judge.

The Tenant Violates the Terms or Conditions of the Lease Agreement

Lease violations cover a broad range of behavior, from unauthorized occupants or pets to persistent noise complaints or misuse of the property. In Orlando, these breaches typically justify a Seven-Day Notice to Cure or Quit, giving the tenant time to fix the issue.

Examples include:

Smoking in a non-smoking unit
Hosting loud gatherings
Failure to keep the property clean and safe

If the tenant cures the violation, the process ends. If not, the landlord may file for eviction. Note that some violations—like criminal activity—may lead directly to a Seven-Day Unconditional Quit Notice, meaning no opportunity to cure.

The Tenant Damages the Property

Minor scuffs and scratches are considered normal wear and tear. But when a tenant causes substantial or intentional damage, it may justify removal. Examples include:

Breaking windows
Punching holes in walls
Damaging plumbing or electrical systems

In such cases, Orlando landlords can issue a Seven-Day Unconditional Quit Notice. They must also be ready to prove the extent and intentionality of the damage through photos, maintenance reports, or contractor estimates.

The Tenant Uses the Property for Illegal Purposes

Illegal activity on the premises—such as drug manufacturing, distribution, or housing stolen property—constitutes grounds for immediate eviction. Florida law allows landlords to issue an Unconditional Quit Notice in these cases, bypassing any cure period.

However, accusations alone are not enough. A successful eviction requires evidence, such as:

Police reports
Witness statements
Surveillance footage

How to Evict a Tenant in Orlando, 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

Florida statutes regulate all residential eviction proceedings, but local customs and enforcement in Orlando may also influence your case. Before serving a notice, confirm that you have valid legal grounds for eviction and that you are complying with all procedural requirements.

Tenants in Orlando have important rights, including the right to habitable housing. According to the Florida Bar, this means rental units must have working plumbing, electricity, heat, and be structurally sound. If the landlord fails to uphold these standards, a tenant may have legal defenses against eviction.

For landlords, understanding your obligations is just as critical as knowing your rights. Consult with a local attorney if you have any doubt about your legal standing.

Step 2. Give a Formal Notice of Eviction

The type of notice you serve depends on the reason for eviction:

Three-Day Notice to Pay Rent or Quit (nonpayment of rent)
Seven-Day Notice to Cure or Quit (lease violations)
Seven-Day Unconditional Quit Notice (serious or criminal violations)

Florida law allows for several methods of delivery:

Hand delivery to the tenant
Delivery to another resident 15 years or older
Posting the notice on the rental unit
Mailing the notice via certified or registered mail

Landlords should document how and when the notice was served. If the tenant does not comply by the deadline, the next step is filing in court.

Step 3. File the Eviction with the Court

If the tenant ignores or fails to comply with the notice, landlords must file a complaint with the Orange County Court. This initiates a formal eviction case.

The court will issue a summons, and the tenant has five business days to respond. If they fail to file an answer, the landlord can request a default judgment. If the case proceeds to trial, both sides must appear before a judge with evidence in hand.

Step 4. Contact an Experienced Orlando, Florida Eviction Attorney and Prepare for the Hearing

In the courtroom, preparation is everything. Bring the following documents:

A copy of the signed lease agreement
Records of payments and any late fees
Written communications with the tenant
Maintenance logs, photos, or video of property damage
Copies of the eviction notice and proof of service

Having a qualified attorney by your side can strengthen your presentation, help you navigate court procedures, and ensure all filings comply with Florida rules.

Step 5. Evict the Tenant

If the judge rules in your favor, they will issue a Writ of Possession. This court order is sent to the Orange County Sheriff’s Office, which will then schedule a time to physically remove the tenant.

Once the writ is served, the tenant typically has 24 hours to vacate. If they do not leave, the sheriff has authority to forcibly remove them and restore possession of the property to the landlord.

Step 6. Collect Past-Due Rent Payments

Winning possession doesn’t guarantee financial recovery. To collect back rent or damages, you may need to pursue one of the following options:

Wage garnishment
Seizing tax refunds
Filing in small claims court
Hiring a collections agency

Be aware that collection methods have their own legal requirements. Your attorney can help you evaluate which option offers the best return with the least risk.

Work with an Experienced Eviction Attorney in Orlando, Florida

Evictions in Orlando require more than just serving a notice. From proper documentation to courtroom procedure, each step must be handled with precision. A single mistake can cost you valuable time or even jeopardize your case.

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.