Florida Eviction Laws, Explained
Florida evictions are fast compared with most states, but they are also unforgiving. A notice with the wrong number of days, a complaint filed one day early, or rent accepted at the wrong moment can send a landlord back to the beginning. Tenants face tight deadlines too: a missed five-day response window can end a case before it starts. This guide from Fort Lauderdale real estate attorney Joseph Hughes explains how eviction law works in Florida today, including the changes of the last few years that many online guides still get wrong.
Where Florida Eviction Law Comes From
Residential evictions are governed by Part II of Chapter 83 of the Florida Statutes, the Florida Residential Landlord and Tenant Act. Commercial evictions fall under Part I of the same chapter, where the lease terms usually control much of the process. Evictions are heard in county court under Florida’s summary procedure, which is designed to move quickly. Since July 2023, state law has also preempted most local regulation of residential tenancies, so cities and counties, including Broward County, can no longer add their own eviction rules on top of Chapter 83.
The Notice Comes First
Before filing an eviction, a landlord must give the tenant the correct written notice. Which notice applies depends on why the landlord wants possession.
| Notice | When it applies | What it requires |
|---|---|---|
| 3-day notice to pay or vacate | Unpaid rent | The tenant must pay the rent owed or move out within 3 days, not counting weekends or legal holidays. The notice should demand rent only, not unrelated fees. |
| 7-day notice to cure | Lease violations that can be fixed, such as an unauthorized pet | The tenant has 7 days to correct the problem. A repeat of the same violation within 12 months can lead to termination without another chance to cure. |
| 7-day notice without opportunity to cure | Serious violations, such as intentional damage or continued disturbances | The tenancy ends in 7 days and the tenant must move out. |
| 30-day notice to terminate | Month-to-month tenancy | Either side can end the tenancy with at least 30 days’ written notice before the end of a monthly rental period. This was 15 days before 2023. |
| No notice required | Tenant stays after a fixed-term lease ends | A landlord can generally file for possession once the lease has expired, and a holdover tenant can owe double rent for the period they stay. |
Notices are delivered by mail or by hand, or by leaving a copy at the residence if the tenant is absent. The counting rules matter: the 3-day period excludes weekends and legal holidays, and the clock starts the day after delivery.
How an Eviction Moves Through Court
- Complaint. If the tenant does not pay, fix the problem, or leave by the deadline, the landlord files a complaint for possession in county court. A claim for unpaid rent can be included as a separate count.
- Summons and service. The tenant is served with a five-day eviction summons, usually by the sheriff or a certified process server.
- Five days to respond. The tenant has five days, not counting weekends and legal holidays, to file a written answer.
- Rent into the court registry. If the tenant raises any defense other than payment, the tenant must deposit the rent the landlord claims into the court registry, along with rent that comes due while the case is pending. A tenant who does not deposit the rent or file a motion to set the amount waives defenses other than payment, and the landlord can get a default judgment.
- Default or hearing. If the tenant does not respond properly, the court can enter a default and final judgment for possession. Contested cases are set for hearing.
- Writ of possession. After judgment, the clerk issues a writ of possession. The sheriff posts it at the property, giving the tenant 24 hours to leave, and then returns the unit to the landlord.
How Long a Florida Eviction Takes
| Stage | Typical time |
|---|---|
| Notice period | 3 business days (unpaid rent), 7 days (violations) or 30 days (month-to-month) |
| Filing and service of the summons | A few days to about two weeks, depending on how quickly the tenant is served |
| Tenant’s response period | 5 days, not counting weekends and legal holidays |
| Default or hearing and judgment | Days for a default; longer if the case is contested |
| Writ of possession executed | 24 hours after posting, with the sheriff’s schedule controlling the lockout date |
An uncontested eviction for unpaid rent often finishes within three to five weeks of the notice. Contested cases, service problems and disputes over rent in the court registry can stretch that to several months.
What Landlords Cannot Do
- No self-help evictions. A landlord cannot change the locks, remove doors or appliances, take the tenant’s belongings or cut off utilities to force a tenant out. A tenant can recover damages for these actions.
- No retaliation. A landlord cannot evict, raise rent or cut services because a tenant complained in good faith to a government agency, organized with other tenants, or exercised legal rights. Retaliation is a defense to an eviction, although it does not excuse unpaid rent.
- No discrimination. Federal and Florida fair housing laws apply to every eviction decision.
Common Tenant Defenses
Tenants most often defend an eviction by showing a defective notice, improper service, payment or a landlord’s acceptance of rent after the notice, retaliation, or the landlord’s failure to maintain the property after receiving written notice. Raising most of these defenses still requires depositing the claimed rent into the court registry, which is the step tenants most often miss. Tenants can learn more on our Fort Lauderdale tenant attorney page.
Recent Changes to Florida Eviction Law
- Month-to-month notice doubled (2023). The notice to end a month-to-month tenancy went from 15 days to 30 days. Many websites and older forms still show 15 days.
- Local rules preempted (2023). Most local landlord-tenant ordinances, such as local tenant bills of rights and notice requirements, can no longer be enforced. Chapter 83 now sets the rules statewide.
- Removing squatters (2024). Florida created a separate, faster process that lets property owners ask the sheriff to remove unauthorized occupants who were never tenants. It does not apply to current or former tenants, who must still be evicted through the court.
Commercial Evictions
Commercial evictions follow Part I of Chapter 83 and the lease itself. A 3-day written notice is generally required before filing for nonpayment, but many commercial leases add notice, cure and default provisions that must be followed before the landlord files. Commercial tenants do not get many of the residential protections, which makes the lease review at the start of the case especially important.
Frequently Asked Questions
Can a landlord evict a tenant without a reason in Florida?
During a fixed-term lease, a landlord generally needs a legal ground such as unpaid rent or a lease violation. When the lease ends, or with 30 days’ notice on a month-to-month tenancy, the landlord can recover possession without giving a reason, as long as the decision is not retaliatory or discriminatory.
Can a tenant stop an eviction by paying?
Paying the full rent demanded within the 3-day notice period ends the matter. After the case is filed, the landlord is not required to accept late payment, although many cases settle on payment terms.
Does a landlord need an attorney to evict?
An individual landlord can represent himself, but a landlord that is a corporation or LLC is generally limited in what it can file without an attorney. Because a single procedural error can restart the process, most landlords use counsel for anything other than the simplest case.
Where are Broward County evictions filed?
In Broward County Court, with the writ of possession enforced by the Broward Sheriff’s Office. See our Fort Lauderdale eviction attorney page for details on fees and timing in Broward.
Talk to a Fort Lauderdale Eviction Attorney
Whether you are a landlord who needs possession back or a tenant who has been served, the deadlines start running immediately. Call Hughes Real Estate Law at (954) 256-5125 to speak with attorney Joseph Hughes. For other rental issues, visit our Broward County landlord-tenant lawyer page.
