Florida Eviction Process for Landlords

Landlords in Florida must follow a defined legal process when removing a tenant from a rental property. The Florida eviction process is governed primarily by Chapter 83 of the Florida Statutes, which outlines the procedures landlords must follow when pursuing an eviction action.



Understanding the required steps before filing can help landlords avoid delays, rejected filings, or procedural mistakes that may require restarting the case.

This overview explains the typical Florida eviction process steps, beginning with the required notice to the tenant and continuing through the court process and issuance of a writ of possession.

Overview of the Florida Eviction Process

Most eviction actions in Florida follow a structured sequence of legal steps. While the details may vary depending on the type of lease violation involved, the process generally begins with providing a written notice to the tenant. If the issue is not resolved, the landlord may then file an eviction case in county court.



Once the case is filed, the tenant must be served with the lawsuit. The tenant may respond, which could lead to a court hearing, or fail to respond, which may allow the landlord to request a default judgment. If the court rules in favor of the landlord, a writ of possession may be issued allowing the sheriff to remove the tenant from the property.

01.

Step 1 — Providing the Required Notice

In most cases, landlords must provide a written notice to the tenant before filing an eviction lawsuit. The type of notice depends on the reason for the eviction.



For example, nonpayment of rent typically requires a three-day notice, while certain lease violations may require a seven-day notice. The notice must clearly state the issue and provide the tenant with the time period required under Florida law to correct the violation or vacate the property.

If the required notice is not provided or is prepared incorrectly, the court may dismiss the eviction case.

02.

Step 2 — Filing the Eviction Case

If the tenant does not comply with the notice, the landlord may file an eviction complaint with the county court in the county where the property is located.



The filing typically includes the eviction complaint, a copy of the lease agreement, and the notice that was previously provided to the tenant. Filing fees must also be paid to the clerk of court.

The clerk reviews the documents and issues a summons so the tenant can be formally served with the lawsuit.

03.

Step 3 — Service of the Lawsuit

After the eviction case is filed, the tenant must be formally served with the summons and complaint. Service is usually completed by the sheriff or a certified process server.

Once served, the tenant generally has a limited period of time to respond to the lawsuit. If the tenant files a response, the court may schedule a hearing to review the dispute.

04.

Step 4 — Court Hearing or Default Judgment

If the tenant responds to the eviction complaint, the court may hold a hearing where both parties present their arguments. The judge then determines whether the eviction should proceed.



If the tenant does not respond within the required timeframe, the landlord may request a default judgment, allowing the eviction process to move forward without a hearing

05.

Step 5 — Writ of Possession

If the court enters judgment in favor of the landlord, the court may issue a writ of possession. This document authorizes the sheriff to remove the tenant from the property if they do not leave voluntarily.



The writ is typically posted at the property, providing the tenant with a final opportunity to vacate before the sheriff enforces the order.

Costs and Planning Before Filing an Eviction

Many landlords want to understand the potential costs associated with an eviction before beginning the process. The total cost of an eviction case may depend on factors such as court filing fees, service of process costs, and whether the tenant contests the case.



Landlords considering eviction proceedings may wish to review the firm’s billing approach to better understand how legal services may be structured.

Speak With a Florida Landlord-Tenant Attorney

Landlords sometimes seek legal guidance when navigating the eviction process or when questions arise about notices, filings, or court procedures.



Valancy Holodak & Reed represents landlords addressing eviction matters, lease issues, and landlord-tenant disputes under Florida law.