How to Evict a Tenant in Florida: Notice & Court Process

Need to evict a tenant in Florida? Florida landlords generally must follow specific notice rules before filing an eviction case. The exact notice depends on why the tenancy is being terminated, and using the wrong notice can delay the case.

This guide explains the main Florida eviction notice rules and the basic court process under the 2026 Florida Statutes. It is written for ordinary landlords and tenants who want a clear explanation of the process without unnecessary legal jargon. You can also browse our state law guides for other state-specific legal information.

Florida Eviction Rules at a Glance

Unpaid rent: A landlord generally must give a written 3-day notice demanding payment or possession. Saturdays, Sundays, and court-observed legal holidays are excluded from the three-day period.
Lease violations that can be cured: A landlord generally gives the tenant 7 days to correct the violation.
Certain violations that are not required to be cured: The landlord may give notice terminating the tenancy, with the tenant generally having 7 days to vacate.
Month-to-month tenancy without a specific end date: Either party generally must give at least 30 days’ written notice before the end of the monthly rental period.

These rules come primarily from Florida Statutes §§ 83.56 and 83.57. Different facts, leases, local rules, subsidized housing programs, and federal protections can change the analysis.

1. Evicting a Tenant for Nonpayment of Rent

If a tenant does not pay rent when it is due and the default continues for 3 days, Florida Statute § 83.56(3) generally allows the landlord to terminate the rental agreement after delivering a written demand for payment or possession.

The important point is that Florida’s 3-day period does not count Saturdays, Sundays, or court-observed legal holidays. The notice should also identify the amount of rent claimed and demand payment or possession.

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2. Other Lease Violations

Nonpayment of rent is not the only reason an eviction may happen. Florida Statute § 83.56 also covers material violations of the rental agreement and certain tenant obligations.

For a violation that should be given an opportunity to be corrected, the landlord generally gives written notice describing the violation and allows 7 days to fix it. Examples listed in the statute include unauthorized pets, guests, or vehicles, unauthorized parking, and failing to keep the premises clean and sanitary.

Some conduct may be treated differently when the tenant should not be given an opportunity to cure it, or when a similar violation occurs again within 12 months after a written warning. In those circumstances, the statute can allow termination without another opportunity to cure.

3. Ending a Month-to-Month Tenancy in Florida

An eviction is not always based on a tenant doing something wrong. A landlord may also need to end a periodic tenancy according to the termination rules.

Under Florida Statute § 83.57, a month-to-month tenancy generally requires at least 30 days’ written notice before the end of the monthly rental period. Week-to-week, quarter-to-quarter, and year-to-year tenancies have different notice periods.

Always check the lease and the facts before assuming that a tenancy can be ended simply by giving a certain number of days’ notice.

4. How the Florida Eviction Court Process Works

If the tenant does not leave after a legally effective termination, the landlord generally cannot simply change the locks, remove the tenant’s belongings, or physically force the tenant out. Florida law requires the landlord to use the court process to recover possession.

Serve the required notice. The landlord must use the notice required for the particular situation.
Wait for the notice period to expire. The tenant may pay, cure the violation, move out, or otherwise respond depending on the type of notice.
File an eviction complaint if necessary. Florida Statute § 83.59 provides for a possession action in the county court where the property is located.
Allow the tenant to respond. A tenant who wants to defend an eviction should pay close attention to the court papers and deadlines.
Attend court if required. The judge decides the right to possession if the case is contested.
Enforcement comes through the sheriff. If the landlord wins, Florida Statute § 83.62 provides for a writ of possession. The sheriff gives the required notice before restoring possession to the landlord.

5. Can a Florida Landlord Lock Out a Tenant?

Generally, a landlord should not try to conduct a self-help eviction by changing the locks, shutting off essential services, or physically removing a tenant. Florida’s statutory process is based on obtaining possession through the courts when the tenant does not voluntarily surrender the property.

A landlord who skips the required process can create additional legal problems instead of making the eviction faster.

6. Common Florida Eviction Mistakes to Avoid

Using the wrong notice period. A 3-day nonpayment notice is different from a 7-day cure notice or a 30-day month-to-month termination notice.
Counting the days incorrectly. Florida’s nonpayment rule excludes Saturdays, Sundays, and court-observed legal holidays.
Failing to describe the problem clearly. A notice should accurately identify the amount owed or the lease violation involved.
Ignoring the lease. The rental agreement may contain important terms that affect the situation, although statutory notice requirements cannot simply be waived when the law says they apply.
Taking matters into your own hands. Do not assume that a landlord can physically remove a tenant without a court order.
Ignoring defenses. Tenants may have legal defenses, including certain defenses involving landlord noncompliance or retaliation.

7. What If the Landlord Is Not Maintaining the Property?

Florida law also gives tenants rights when a landlord materially fails to comply with certain statutory maintenance duties. In some circumstances, a tenant may provide written notice and later raise the landlord’s material noncompliance as a defense to a possession action. The details matter, so tenants should document repair problems, communications, photos, and notices.

If you are dealing with a repair dispute rather than an eviction, you may also find our Florida security deposit guide useful when reviewing other landlord-tenant rights.

Frequently Asked Questions

How many days’ notice does a landlord give for unpaid rent in Florida?

Generally, Florida law requires a written 3-day notice demanding payment or possession. Saturdays, Sundays, and court-observed legal holidays are excluded from the three-day period.

Can a landlord evict a tenant without going to court?

Generally, no. If the tenant has not voluntarily surrendered possession, Florida Statute § 83.59 provides a court process for recovering possession.

How much notice is required to end a month-to-month tenancy in Florida?

Generally, at least 30 days’ written notice before the end of the monthly rental period is required under Florida Statute § 83.57.

Can a landlord immediately remove a tenant after the notice expires?

No. The expiration of a notice does not normally authorize a landlord to physically remove the tenant. If the tenant remains, the landlord generally must use the court process and, after a judgment, the sheriff’s writ-of-possession procedure.

Official Florida Legal Sources

Featured image: St. Johns County Courthouse, Florida, by Michael Rivera, licensed under CC BY-SA 4.0 via Wikimedia Commons.

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Legal Disclaimer

This article provides general legal information, not legal advice. Florida landlord-tenant law can depend on the lease, property type, local rules, federal protections, and the specific facts of a dispute. Laws can also change. For advice about a specific eviction or court case, consider speaking with a qualified Florida attorney or legal-aid organization.