Statewide Resource

The Florida Eviction Process

A complete statewide guide for Florida landlords. Florida Statutes Chapter 83 — the Florida Residential Landlord and Tenant Act — governs every residential eviction in Florida. State law is uniform; the courthouse where you file depends on the property's county.

Last verified July 20, 2026

Quick Answer

Every Florida residential eviction starts with a statutory notice under Chapter 83: a 3-Day Notice for non-payment, a 7-Day Notice for lease violations, or a 15-Day Notice to terminate a month-to-month tenancy. After the cure period expires, file an eviction complaint at the county courthouse, serve the tenant, and — if no response — obtain a default judgment and writ of possession. The Sheriff performs the lockout. In Miami-Dade, uncontested cases resolve in 3–5 weeks. Self-help eviction (lockouts without a writ) is illegal under Fla. Stat. § 83.67.

The four statutory notices you can serve in Florida

Every Florida residential eviction begins with a written notice. The grounds for eviction determine which notice applies under Florida Statutes § 83.56 and § 83.57.

Notice	Statute	Used for	Period
3-Day Notice	§ 83.56(3)	Non-payment of rent	3 business days
7-Day Notice with Cure	§ 83.56(2)(b)	Curable lease violations	7 calendar days
7-Day Notice without Cure	§ 83.56(2)(a)	Non-curable violations (intentional damage, repeat)	7 calendar days
15-Day Notice	§ 83.57	Terminate month-to-month tenancy	15 calendar days

The 7-step Florida eviction framework

Once notice is served and the cure period has expired, the formal court process begins. The procedural sequence is identical statewide; only the courthouse and clerk vary by county.

1. Determine grounds — non-payment, lease violation, or holdover
2. Serve the proper statutory notice — by hand delivery, posting after diligent search, or U.S. Mail
3. Wait for the cure period — 3 business days, 7 calendar days, or 15 calendar days
4. File the complaint — at the county Clerk of Court (e-filing through myflcourtaccess.com or in person)
5. Service of process — Sheriff or private process server delivers summons
6. Final judgment — default if no response, hearing if contested
7. Writ of possession — Sheriff posts 24-hour notice, then performs lockout

Florida guides

Deep-dive guides on the most-asked Florida eviction topics. Each is grounded in the Florida Statute that governs the question.

Florida eviction cost calculator

Tool

Free interactive tool — see your real line-item total.

3-Day Notice rules (non-payment)

Drafting requirements + 5 mistakes that get cases dismissed.

Lease violation eviction (overview)

The cure-vs-no-cure decision tree under § 83.56(2).

7-Day Notice WITH Cure

For fixable violations — pet, occupant, noise.

7-Day Notice WITHOUT Cure

For intentional destruction, repeat violations, criminal activity.

Florida holdover tenant

New

When tenant stays past lease — plus double rent under § 83.06.

15-Day Notice rules

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Terminate month-to-month tenancy + the timing trap most landlords miss.

Claim double rent from holdover

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Fla. Stat. § 83.06 — how to actually recover 2x rent damages.

Miami-Dade eviction timeline

Realistic week-by-week timeline from notice to lockout.

Evict a tenant without a lease

The right notice for week-to-week and month-to-month tenancies.

Writ of possession timeline

What happens between judgment and the Sheriff lockout.

Section 8 eviction

HUD/PHA rules layered on top of Florida state law.

Eviction during hurricane season

Court closures, executive orders, FEMA assistance impact.

Evict a roommate

Unlawful detainer when there's no formal tenancy.

Evict a family member

Ejectment when family member is on title.

Tenant broke lease early

Recover rent, security deposit, and re-letting costs.

DIY vs. specialist: eviction costs

Where self-filing saves money and where it backfires.

Who can file a Florida eviction?

LLCs must use an attorney under Rule 1.040 — here's why.

Unlawful detainer vs. eviction

Tenants use Ch. 83; guests and non-tenants use Ch. 82.

Eviction notice types compared

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All 4 Florida notice types: statute, period, cure — in one table.

Eviction notice requirements

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What every Florida notice must include — and what voids it.

How to serve the notice

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3 legal delivery methods, proof of service, and service mistakes.

Important: Local tenant ordinances are PREEMPTED

Florida HB 1417 (effective July 1, 2023, codified at Fla. Stat. § 83.425) preempted all city- and county-level tenant protection ordinances statewide. Earlier "Tenant Bills of Rights" passed by Miami-Dade, City of Miami, Miami Beach, Orange County, and ~40 other Florida jurisdictions are no longer in force. State law alone governs landlord-tenant relationships in Florida today. Read the full HB 1417 explainer.

County hubs

Each Florida county has its own Clerk of the Court, filing fees, and local procedural quirks. Pick your county for detailed local information.

Miami-Dade County

34 incorporated cities · ~2.7M population · Largest eviction caseload in Florida

Broward · Hillsborough · Orange · Pinellas · others

County hubs expanding throughout 2026.

Authoritative Florida resources

Primary sources for statutory text, court procedures, and licensed legal help.

Florida eviction — frequently asked questions

How do you evict a tenant in Florida?

Florida eviction follows a 7-step process under Chapter 83 of the Florida Statutes: (1) determine your legal grounds (non-payment, lease violation, or holdover); (2) serve the correct statutory notice; (3) wait the cure period; (4) file an eviction complaint at the county courthouse; (5) have the tenant served by the Sheriff or a process server; (6) obtain a final judgment; and (7) execute a writ of possession. Uncontested cases in Miami-Dade typically resolve in 3–5 weeks.

What are the Florida eviction notice types and when do I use each?

Florida residential evictions require one of four statutory notices: a 3-Day Notice to Pay or Vacate for non-payment of rent (Fla. Stat. § 83.56(3)); a 7-Day Notice with Opportunity to Cure for fixable lease violations (§ 83.56(2)(b)); a 7-Day Notice without Opportunity to Cure for non-curable violations such as intentional damage, criminal activity, or repeat offenses (§ 83.56(2)(a)); or a 15-Day Notice to Terminate for month-to-month tenancies (§ 83.57).

Can a landlord change the locks to evict a tenant in Florida?

No. Florida Statute § 83.67 expressly prohibits self-help eviction. A landlord cannot change locks, remove doors, cut off utilities, or physically remove a tenant without a court-issued writ of possession executed by the Sheriff. Violators face liability for three months' rent or actual damages, whichever is greater.

How much does it cost to file an eviction in Florida?

Filing fees vary by county. In Miami-Dade, the standard residential eviction (summary procedure) costs $185 to file, plus $10 per additional defendant and approximately $40 for Sheriff service of process — a total of $225–$275 for most single-defendant cases. Other Florida counties charge similar fees; check the local Clerk of Court fee schedule before filing.

Are there local tenant protection ordinances in Florida cities?

No. Florida HB 1417 (Fla. Stat. § 83.425, effective July 1, 2023) preempted all city and county landlord-tenant ordinances statewide. Tenant protection laws previously enacted by Miami-Dade County, the City of Miami, Miami Beach, Orange County, and approximately 40 other Florida jurisdictions are no longer enforceable. State law under Chapter 83 governs all residential landlord-tenant relationships in Florida.

Generate a Florida-compliant statutory notice in 90 seconds.

3-Day, 7-Day, or 15-Day — built around the exact statutory language required by Florida Statutes Chapter 83.

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