Florida Residential Eviction Attorney for Landlords

The definitive guide to lawfully evicting a residential tenant in Florida. Step-by-step process, notice requirements, timelines, costs, and strategies to defeat common tenant defenses — written exclusively for landlords and property owners.

If you are a Florida landlord who needs to remove a tenant from your residential property, understanding the eviction process is not optional — it is the difference between regaining possession of your property in weeks or losing months of rental income while a non-paying or lease-violating tenant continues to occupy your unit. Florida law provides landlords with a clear, enforceable path to eviction under Chapter 83, Part II of the Florida Statutes— the Florida Residential Landlord and Tenant Act — but that path is filled with procedural requirements where a single misstep can restart the entire process.

This guide is written exclusively for landlords, property owners, and property managers. It covers every stage of the Florida residential eviction process from the initial notice through the writ of possession, with detailed statutory references, practical strategies for overcoming tenant defenses, and guidance on when retaining a Florida eviction attorney becomes essential to protecting your investment.

Table of Contents

1. Overview of Florida Residential Eviction Law
2. Grounds for Eviction Under Chapter 83
3. Eviction Notice Requirements
4. The Step-by-Step Eviction Process
5. Florida Eviction Timeline: How Long Does It Take?
6. Common Tenant Defenses and How Landlords Overcome Them
7. How Much Does It Cost to Evict a Tenant in Florida?
8. Special Eviction Situations
9. Post-Judgment Remedies and Collecting Back Rent
10. Why Florida Landlords Need an Eviction Attorney
11. Related Guides
12. Frequently Asked Questions

1. Overview of Florida Residential Eviction Law

Florida residential evictions are governed by Chapter 83, Part II of the Florida Statutes, commonly referred to as the Florida Residential Landlord and Tenant Act. This statutory framework establishes the rights and obligations of both landlords and tenants in residential rental relationships and provides the exclusive legal mechanism for landlords to recover possession of a dwelling unit from a tenant.

A fundamental principle that every Florida landlord must understand is that self-help eviction is illegal in Florida. A landlord cannot change the locks, remove the tenant’s belongings, shut off utilities, or take any other action to force a tenant out of the premises without first obtaining a court order. Section 83.67, Florida Statutes, prohibits these tactics and exposes landlords who engage in self-help to liability for actual and consequential damages, as well as attorney’s fees. A tenant who is subjected to an illegal lockout can sue the landlord, obtain an injunction, and recover money damages — an outcome that is entirely avoidable by following the statutory eviction process.

The eviction process in Florida is a summary proceeding under Section 51.011, Florida Statutes, which means it is designed to be faster than ordinary civil litigation. The summary nature of the proceeding gives tenants only five business days (excluding weekends and legal holidays) to respond to the eviction complaint after being served — compared to the twenty days allowed in a standard civil case. This accelerated timeline reflects the legislature’s recognition that landlords have a substantial interest in promptly regaining possession of their property.

Applicability of Chapter 83, Part II

Chapter 83, Part II applies to the rental of a “dwelling unit,” which Section 83.43(2) defines as a structure or part of a structure that is rented for use as a home, residence, or sleeping place by one person or by two or more persons who maintain a common household. This includes single-family homes, apartments, condominiums, townhouses, duplexes, and any other residential rental property.

Certain types of occupancies are excluded from Chapter 83, Part II and require different legal procedures for removal. Residency in a public lodging establishment regulated under Chapter 509 (hotels and motels), occupancy under a bona fide contract of sale, occupancy by the owner of a condominium unit, and occupancy by a member of a cooperative are all excluded. If your occupant does not fall under Chapter 83 — for example, a person who never had a lease and was never a tenant — the appropriate remedy may be an unlawful detainer action or an ejectment action rather than a standard eviction.

Critical Distinction for Landlords

The eviction process under Chapter 83 applies only to persons who are or were tenants — meaning they had a landlord-tenant relationship with you, whether through a written lease, an oral agreement, or by paying rent. If the person occupying your property was never a tenant (e.g., a squatter, a former guest who refuses to leave, or a family member with no rental agreement), you may need to file an unlawful detainer action under Section 82.01 or an ejectment action instead.

2. Grounds for Eviction Under Chapter 83

Florida law provides landlords with several distinct grounds for evicting a residential tenant, each with its own notice requirements and procedures. Understanding which ground applies to your situation determines what type of notice you must serve, how much time the tenant has to cure (if any), and how the eviction will proceed in court.

Nonpayment of Rent

The most common ground for residential eviction in Florida is the tenant’s failure to pay rent when it becomes due. Under Section 83.56(3), Florida Statutes, when a tenant fails to pay rent, the landlord must deliver a written notice allowing the tenant three business days (excluding weekends, legal holidays, and the day of delivery) to either pay the rent in full or vacate the premises. If the tenant does neither within the three-day period, the landlord may file an eviction action.

The three-day notice for nonpayment is the most strictly construed notice in Florida landlord-tenant law. Courts have dismissed eviction cases where the notice demanded even slightly more than what was owed — for example, including late fees that are not properly provided for in the lease, or demanding rent for a period that has not yet come due. The notice must state the specific amount of rent owed, identify the time period for which rent is due, and give the tenant the option to pay the rent or surrender possession. Overstating the amount owed, even by a few dollars, can render the entire notice defective and force you to start over.

Noncompliance With the Lease (Curable Violations)

When a tenant violates a material provision of the lease agreement — other than nonpayment of rent — and the violation is the type that can be corrected, Section 83.56(2)(b)requires the landlord to serve a seven-day notice that specifies the nature of the noncompliance and provides the tenant with seven days to cure the violation. If the tenant cures the violation within the seven-day period, the tenancy continues. If the tenant fails to cure, the landlord may file an eviction action after the seven-day period expires.

Examples of curable lease violations include having unauthorized pets on the premises, having unauthorized occupants living in the unit, failing to maintain the premises in accordance with the lease, causing disturbances that violate noise provisions of the lease, parking in unauthorized areas, or failing to maintain renter’s insurance when required by the lease.

Under Section 83.56(2)(b), if a tenant cures a violation but then commits the same type of violation again within twelve months, the landlord may serve a subsequent seven-day notice that does not provide an opportunity to cure. This is significant because it means that a repeat violator can be evicted without being given another chance to fix the problem — provided the landlord properly documented and served the initial notice for the first occurrence.

Noncompliance With the Lease (Incurable Violations)

Certain lease violations are so serious that Florida law does not require the landlord to give the tenant an opportunity to cure. Under Section 83.56(2)(a), if a tenant’s noncompliance is of a nature that the tenant should not be given the opportunity to cure, the landlord may deliver a written notice specifying the noncompliance and informing the tenant that the rental agreement will terminate in seven days. No opportunity to cure is required.

Incurable violations typically include intentional destruction of the property, engaging in criminal activity on the premises (such as drug manufacturing, drug dealing, or violent crimes), creating or maintaining a serious nuisance, and other conduct that poses an immediate threat to the safety of other tenants or to the property itself. The determination of whether a violation is “curable” or “incurable” is fact-specific, and courts will examine the nature and severity of the conduct.

Termination of Month-to-Month Tenancies

When a residential tenant occupies the premises under a month-to-month tenancy (whether by oral agreement, written month-to-month lease, or by holding over after the expiration of a written lease), the landlord may terminate the tenancy by serving a written notice of at least fifteen days before the end of any monthly rental period. This notice requirement is established by Section 83.57(3), Florida Statutes.

Importantly, a landlord does not need to provide any reason for terminating a month-to-month tenancy (unless the tenant holds a Section 8 housing choice voucher, which imposes additional “good cause” requirements). The fifteen-day notice simply informs the tenant that the tenancy will end at the conclusion of the monthly period. If the tenant does not vacate by the termination date, the landlord may then file an eviction action.

Holdover After Lease Expiration

A tenant who remains in possession of the premises after the expiration of a fixed-term lease without the landlord’s consent is a holdover tenant. Under Section 83.58, Florida Statutes, if the landlord has given the tenant written notice that the landlord does not intend to renew the lease, the tenant is liable for double the amount of rent for each day the tenant remains in possession after the lease expires. This double-rent liability is a powerful incentive for holdover tenants to vacate promptly and compensates the landlord for the loss of use of the property.

For a detailed analysis of holdover evictions and how to recover double rent, see our guide: Evicting a Holdover Tenant in Florida (Double Rent Rules).

3. Eviction Notice Requirements

The eviction notice is the most critical step in the Florida eviction process. A defective notice is the single most common reason eviction cases are dismissed, and Florida courts enforce notice requirements with precision. As a landlord, the notice you serve must comply with the statute in every respect — the correct type of notice for the ground of eviction, the correct content, the correct method of delivery, and the correct calculation of the notice period.

Types of Notices and When to Use Them

Content Requirements for the 3-Day Notice

The three-day notice for nonpayment of rent must include specific information to be legally sufficient. The notice must identify the tenant by name, identify the premises by address, state the total amount of rent that is due and unpaid, identify the period for which the rent is owed, and provide the tenant with the option to pay the rent in full or deliver possession of the premises to the landlord within three business days. The notice must not demand amounts beyond the rent actually due — this means you should not include late fees, utility charges, or other amounts unless your lease specifically characterizes those charges as “additional rent” and Florida law supports treating them as such.

Common Landlord Mistake: Overstating the Amount Due

Florida courts have repeatedly dismissed eviction actions where the three-day notice demanded more than the rent actually owed. If your lease calls for $2,000/month in rent and the tenant is one month behind, your three-day notice must demand exactly $2,000 — not $2,000 plus a $200 late fee, not $2,000 plus $150 in water charges, and not $2,200 “including fees.” Overstating the amount — even by a small sum — renders the notice defective and gives the tenant grounds to have the case dismissed. For a detailed guide to getting the 3-day notice right, see How to Serve a 3-Day Notice for Non-Payment of Rent in Florida.

Methods of Delivery

Section 83.56(4), Florida Statutes, prescribes three methods for delivering eviction notices, and they must be attempted in the following order:

First: Hand delivery to the tenant personally. This is the preferred and most defensible method. If the tenant is present and the notice is placed directly in the tenant’s hands, delivery is complete.

Second: If the tenant is absent from the premises, the notice may be left at the residence with a person of suitable age and discretion (typically another adult occupant). This method should be used only when the tenant cannot be personally located at the premises.

Third: If the tenant is absent from the premises and no person of suitable age and discretion is present, the landlord may post the notice in a conspicuous place on the property (typically on the front door) and simultaneously mail a copy to the tenant at the property address. When this method is used, an additional five calendar days must be added to the notice period to account for mailing time.

Best Practice: Document Your Service

Always create a contemporaneous record of how the notice was delivered. Take a photograph of the posted notice (with a time and date stamp), retain a copy of the certified mail receipt if mailed, and have the person who served the notice prepared to testify about the time, date, and method of delivery. An eviction attorney will typically use a professional process server or a property management representative to deliver the notice — someone who can appear in court to verify proper service if the tenant challenges it.

Counting the Notice Period

For the three-day notice for nonpayment of rent, the three-day period is calculated by counting three business days, excluding Saturdays, Sundays, legal holidays, and the date the notice was served. If the three-day period expires on a Saturday, Sunday, or legal holiday, the deadline is extended to the next business day.

For the seven-day and fifteen-day notices, the days are generally calendar days. However, the prudent practice is to always provide at least the full statutory period and err on the side of giving additional time. Filing the eviction complaint one day too early is a far worse error than waiting one extra day.

4. The Step-by-Step Eviction Process

Once the appropriate notice has been properly served and the notice period has expired without the tenant curing the default or vacating the premises, the landlord may initiate the formal eviction proceeding in court. The following is a step-by-step overview of the eviction process from filing through execution of the writ of possession.

Serve the Proper Eviction Notice

As discussed above, the landlord must serve the correct notice (3-day, 7-day, or 15-day) using the statutory delivery methods. The eviction complaint cannot be filed until the notice period has fully expired. For a 3-day notice served by posting and mailing, the landlord must wait a total of eight days (three business days plus five calendar days for mailing) before filing the complaint.

File the Eviction Complaint in County Court

The eviction action is filed in the county court of the county where the property is located. The complaint must allege the existence of the landlord-tenant relationship, identify the property, state the ground for eviction, allege that proper notice was served and the notice period expired, allege that the tenant remains in possession, and request a judgment for possession of the premises. Most landlords also include a count for unpaid rent and damages. The complaint must be accompanied by a copy of the lease (if written), a copy of the notice that was served, and the filing fee, which varies by county but is typically between $185 and $400 depending on whether money damages are also sought.

Service of Process on the Tenant

The eviction complaint and summons must be formally served on the tenant. Under Section 83.59(2), Florida Statutes, in an eviction action based on nonpayment of rent or expiration of the rental agreement, the landlord or the landlord’s attorney may request that the clerk issue a summons for posting. The summons is then posted on the premises by a process server or the sheriff, which constitutes valid service even if the tenant is not personally found. This provision is extremely beneficial for landlords because it eliminates the delays commonly caused by evasive tenants who avoid personal service. For evictions based on other grounds, standard personal service or substitute service under the Florida Rules of Civil Procedure applies.

Tenant’s Five-Day Response Window

Because eviction is a summary proceeding under Section 51.011, Florida Statutes, the tenant has only five business days (excluding Saturdays, Sundays, and legal holidays) from the date of service to file a responsive pleading. This compressed timeline is one of the key advantages of the summary eviction procedure. If the tenant fails to respond within the five-day period, the landlord may move for a default and entry of a final judgment for possession.

If the eviction is based on nonpayment of rent and the tenant wishes to contest it, Section 83.60(2), Florida Statutes, requires the tenant to deposit into the court registry the amount of rent alleged in the complaint as being owed, and must continue depositing rent as it becomes due into the registry during the pendency of the proceeding. If the tenant fails to make this deposit, the landlord may move for an immediate default, regardless of whatever defenses the tenant may have raised. This pay-or-waive requirement is a powerful protection for landlords because it prevents tenants from using the court process to live rent-free during the litigation. For strategies on handling court registry defenses, see Defeating Florida Tenant Delay Tactics & Court Registry Defenses.

Default Judgment or Trial Setting

If the tenant does not respond within five days (or fails to deposit rent into the court registry in a nonpayment case), the landlord’s attorney files a motion for default and a motion for final judgment. Many uncontested evictions are resolved at this stage. The court enters a final judgment for possession and, if requested, a money judgment for unpaid rent and damages.

If the tenant files a timely answer and deposits rent into the registry (in nonpayment cases), the case proceeds to a hearing or trial. Because eviction is a summary proceeding, the court will typically set the hearing within a relatively short period — often within two to four weeks of the answer being filed, depending on the county court’s calendar.

Final Judgment for Possession

If the court rules in the landlord’s favor — either on default or after trial — the court enters a final judgment awarding possession of the premises to the landlord. The court may also enter a money judgment for unpaid rent, holdover damages (double rent under Section 83.58), late fees if contractually provided for, attorney’s fees if the lease contains a fee-shifting provision, and court costs. Under Section 83.625, Florida Statutes, the court has the power to simultaneously award possession and enter a money judgment in the same eviction proceeding — meaning the landlord does not need to file a separate lawsuit to recover unpaid rent.

Writ of Possession

After the final judgment is entered, the clerk of court issues a writ of possession upon the landlord’s request. The writ directs the sheriff to remove the tenant and all occupants from the premises. Under Section 83.62, Florida Statutes, the writ must be served by the sheriff, who posts it on the premises and gives the tenant a minimum of twenty-four hours to vacate. If the tenant does not vacate within the time specified, the sheriff returns and physically removes the tenant and the tenant’s belongings from the property. At that point, possession is restored to the landlord.

The Importance of the Writ of Possession

The writ of possession is the only legal mechanism for physically removing a tenant from your property. Until the sheriff executes the writ, the tenant has the legal right to remain in the unit — even after a final judgment has been entered in the landlord’s favor. Landlords must never attempt to remove a tenant themselves, change the locks, or remove the tenant’s property before the writ has been executed. Doing so constitutes an unlawful self-help eviction under Section 83.67 and exposes the landlord to significant liability.

5. Florida Eviction Timeline: How Long Does It Take?

One of the most common questions Florida landlords ask is: how long will this take? The answer depends on whether the eviction is contested or uncontested, the county in which the property is located, and whether the tenant employs any delay tactics.

Uncontested Eviction Timeline

In an uncontested eviction — where the tenant does not respond to the complaint within the five-day window — the process typically moves relatively quickly:

A straightforward, uncontested nonpayment eviction typically takes approximately three to five weeks from the date the 3-day notice is served to the date the sheriff executes the writ of possession. In some counties, particularly those with heavier case volumes (Miami-Dade, Broward, Palm Beach), the timeline may extend slightly due to court processing delays.

Contested Eviction Timeline

When a tenant files an answer and the case proceeds to a hearing or trial, the timeline extends significantly. A contested eviction can take anywhere from six weeks to several months, depending on the complexity of the defenses raised, the court’s calendar, and whether either party requests continuances. In heavily congested county court divisions, particularly in Miami-Dade County, hearing dates may be set several weeks or even months out.

This is precisely why having an experienced eviction attorney is so valuable in contested cases. An attorney who regularly practices before the county court judges in your jurisdiction understands how to expedite the process, how to respond to delay tactics, and how to position the case for a quick resolution.

6. Common Tenant Defenses and How Landlords Overcome Them

When a tenant contests an eviction, they will typically raise one or more defenses in their response. Understanding these defenses before they are raised — and knowing how to overcome them — is the hallmark of effective eviction litigation. Below are the most common defenses tenants assert in Florida residential evictions and the strategies landlords and their attorneys use to defeat them.

Defective Notice

The most frequently raised defense is that the landlord’s eviction notice was defective — that it demanded the wrong amount, was served improperly, was served too early, or did not comply with the statutory requirements in some other way. This defense is often meritorious, which is why getting the notice right is so critical. If the court finds that the notice was defective, the eviction will be dismissed without prejudice (meaning the landlord can start over with a corrected notice, but has lost weeks of time).

How to overcome it: The best defense against this attack is prevention. Work with an eviction attorney to draft the notice, verify the amounts demanded, and ensure proper service. If the tenant raises a notice defense in a pending case, the landlord’s attorney should examine whether the alleged deficiency is actually material or merely a technical quibble that does not rise to the level of prejudice.

Habitability / Maintenance Defenses

Under Section 83.60(1), Florida Statutes, a tenant may raise the landlord’s noncompliance with Section 83.51(the landlord’s obligation to maintain the premises) as a defense to an eviction for nonpayment of rent. The tenant may argue that they withheld rent because the landlord failed to maintain the property in compliance with building, housing, and health codes, or failed to maintain the roof, windows, doors, floors, steps, porches, exterior walls, foundations, and other structural components in good repair.

How to overcome it: For this defense to succeed, the tenant must have followed the notice procedure outlined in Section 83.56(1)— the tenant must have given the landlord written notice of the alleged deficiency and allowed the landlord seven days to cure it before withholding rent. If the tenant never gave written notice, the defense fails. Additionally, the landlord should document any repairs that were made, demonstrate that the alleged conditions do not rise to the level of a Section 83.51 violation, or show that the conditions were caused by the tenant’s own negligence or misuse.

Retaliatory Eviction

Under Section 83.64, Florida Statutes, it is unlawful for a landlord to discriminatorily increase rent, decrease services, or threaten to bring an eviction action against a tenant solely in retaliation for the tenant’s exercise of a legal right — such as complaining to a government agency about code violations, organizing a tenant’s organization, or complaining to the landlord about maintenance issues.

How to overcome it: The landlord must demonstrate that the eviction is based on a legitimate, non-retaliatory ground. If the tenant is behind on rent, the nonpayment itself is the ground for eviction — the timing of a prior complaint does not immunize a tenant from eviction for failing to pay rent. Document the legitimate basis for the eviction thoroughly and be prepared to show that the eviction would have been filed regardless of any complaint the tenant made.

Deposit Into Court Registry (Nonpayment Cases)

In nonpayment evictions, the tenant may attempt to use the court registry deposit requirement under Section 83.60(2) as a delay tactic — depositing the rent into the registry and then raising defenses to prolong the litigation. Some tenants view this as a way to buy time while paying less than they would if they simply paid the landlord directly.

How to overcome it: Monitor the tenant’s deposits closely. If the tenant fails to deposit the full amount of rent alleged in the complaint, or fails to continue depositing ongoing rent as it becomes due into the registry, the landlord is entitled to an immediate default regardless of any defenses. An experienced eviction attorney will track these deposits and file a motion for default the moment the tenant falls behind. For a comprehensive analysis of court registry strategies, see our guide: Defeating Florida Tenant Delay Tactics & Court Registry Defenses.

Waiver / Acceptance of Rent

A tenant may argue that the landlord waived the right to evict by accepting rent after the alleged default. Under Florida law, if a landlord accepts full rent from a tenant after serving a three-day notice, the landlord may be deemed to have waived the default and reinstated the tenancy. This defense is commonly raised when a landlord or property manager accepts a partial payment or processes an automatic payment after the notice has been served.

How to overcome it: The most effective strategy is prevention — once a three-day notice is served, do not accept any rent from the tenant until the eviction is resolved. Instruct your property management company to reject all payments, disable automatic payment processing for the tenant’s unit, and return any payments that are received after the notice is served. If a payment was inadvertently accepted, consult with an eviction attorney immediately to assess whether the notice must be re-served.

Discrimination Claims

A tenant may allege that the eviction is motivated by discrimination based on race, color, national origin, religion, sex, familial status, or disability under the federal Fair Housing Act or the Florida Fair Housing Act (Chapter 760, Part II). These claims are serious and can expose the landlord to significant liability if substantiated, including damages, penalties, and attorney’s fees.

How to overcome it: Maintain consistent, documented policies for all tenants. Apply the same standards for notice, lease enforcement, and eviction to every tenant regardless of protected class. If a discrimination claim is raised, your eviction attorney will demonstrate that the eviction is based on a legitimate, non-discriminatory ground — such as nonpayment of rent, lease violations, or lease expiration — and that the same standard has been applied uniformly across all tenants.

7. How Much Does It Cost to Evict a Tenant in Florida?

The cost of evicting a tenant in Florida varies depending on the county, whether the eviction is contested, and whether the landlord also seeks a money judgment for unpaid rent. Below is a general breakdown of the costs a landlord can expect to incur.

Court Filing Fees

The filing fee for an eviction complaint in Florida county court ranges from approximately $185 to $400, depending on the county and whether the complaint includes a claim for monetary damages. If the landlord is seeking only possession (no money judgment), the filing fee is typically at the lower end. If the complaint includes a claim for unpaid rent, the filing fee increases based on the amount claimed. Additional costs include the fee for service of process (typically $40 to $70 for a private process server) and the fee for issuance of the writ of possession (approximately $90, plus the sheriff’s execution fee, which varies by county).

Attorney’s Fees

Many Florida eviction attorneys — particularly those who handle high volumes of landlord evictions — offer flat fee arrangements for uncontested evictions. A flat fee eviction in Florida typically ranges from $500 to $1,500, depending on the attorney, the county, and the scope of services included. Contested evictions, which require court appearances, legal research, and potentially a trial, are generally billed on an hourly basis or at a higher flat fee.

Importantly, most Florida residential leases contain an attorney’s fees provision that entitles the prevailing party in any litigation arising under the lease to recover its reasonable attorney’s fees from the non-prevailing party. Even if the lease does not contain such a provision, Section 83.48, Florida Statutes, provides that the prevailing party in any litigation arising under the Florida Residential Landlord and Tenant Act may recover reasonable court costs and attorney’s fees. This means that if the landlord prevails in the eviction, the court may order the tenant to pay the landlord’s attorney’s fees as part of the money judgment.

Total Cost Estimate

While these costs are not insignificant, they must be weighed against the cost of not evicting — every month that a non-paying tenant remains in your property is a month of lost rental income, a month of ongoing liability for the property, and a month closer to the property deteriorating from neglect or abuse. For most Florida landlords, the cost of eviction is a sound investment in protecting the value of their real estate.

8. Special Eviction Situations

Not every residential eviction follows the standard template. Several common scenarios require additional considerations or different procedures.

Evicting a Section 8 Tenant

Evicting a tenant who participates in the Housing Choice Voucher Program (Section 8) requires compliance with both Florida state law and federal regulations. Federal law requires landlords to have “good cause” for evicting a Section 8 tenant during the initial lease term and any renewal term, and imposes additional notice requirements that go beyond Florida’s standard notice provisions. The landlord must also provide notice to the local Public Housing Authority (PHA) and comply with any applicable HUD regulations regarding the termination of the Housing Assistance Payment (HAP) contract.

For a comprehensive analysis of Section 8 eviction procedures, see our pillar guide: Section 8 Eviction Lawyer Florida, as well as our detailed spoke article: How to Evict a Section 8 Tenant in Florida.

Evicting a Month-to-Month Tenant

Month-to-month tenancies — whether created by an oral agreement, a written month-to-month lease, or by a tenant holding over after a fixed-term lease expires with the landlord’s acquiescence — can be terminated by either party with at least fifteen days’ written notice before the end of any monthly rental period under Section 83.57(3). This is a no-fault termination: the landlord does not need to provide any reason for ending the tenancy. However, if the property is covered by any local rent stabilization or “just cause” eviction ordinances (which are rare in Florida but have been proposed in some municipalities), additional requirements may apply.

Evictions Involving Domestic Violence Victims

Under Section 83.683, Florida Statutes, a landlord may not terminate a tenancy or refuse to renew a lease solely because the tenant (or a household member) is a victim of domestic violence. However, this protection does not prevent the landlord from evicting a tenant who violates the lease or fails to pay rent — the protection only prohibits eviction based solely on the tenant’s status as a domestic violence victim. Landlords should consult with an attorney before proceeding with an eviction when domestic violence is a factor to ensure compliance with this provision.

Mobile Home Tenancies

If the tenant is renting a lot in a mobile home park (rather than renting a residential dwelling unit), the eviction is governed by Chapter 723, Florida Statutes— the Florida Mobile Home Act — rather than Chapter 83. Chapter 723 imposes different notice requirements, different grounds for eviction, and different procedural rules than Chapter 83. For mobile home park evictions, see our pillar guide: Mobile Home Park Eviction Attorney Florida.

Post-Foreclosure Situations

When a property has been acquired through foreclosure, the new owner may need to remove the former owner-occupant or a tenant who was in possession under a lease with the prior owner. The appropriate procedure depends on whether the occupant is a “tenant” (in which case Chapter 83 applies) or a former owner with no lease (in which case an ejectment action may be required). The Protecting Tenants at Foreclosure Act (PTFA), while it expired and was later permanently reauthorized, requires that bona fide tenants under leases entered into before the foreclosure be given at least 90 days’ notice before being required to vacate.

9. Post-Judgment Remedies and Collecting Back Rent

Winning the eviction and regaining possession is the landlord’s primary objective, but it is often not the end of the story. After the final judgment is entered, the landlord may pursue several post-judgment remedies to recover the financial losses caused by the tenant’s breach.

Money Judgment for Unpaid Rent and Damages

As noted above, Section 83.625 authorizes the court to enter a money judgment in the same eviction proceeding. This money judgment may include all unpaid rent through the date of judgment, holdover damages (double rent under Section 83.58 if applicable), damages to the property beyond normal wear and tear, reasonable attorney’s fees and court costs if the lease or statute provides for them, and any other damages recoverable under the lease or Florida law.

Once a money judgment is entered, the landlord becomes a judgment creditor and may enforce the judgment through standard collection methods, including wage garnishment, bank account levy, judgment liens on the debtor’s real property, and execution on the debtor’s personal property.

Security Deposit Claims

After the tenant has vacated and the landlord has regained possession, the landlord may impose a claim on the tenant’s security deposit to cover unpaid rent, damages to the premises beyond normal wear and tear, and other charges permitted by the lease. The landlord must comply with the notice and timing requirements of Section 83.49, Florida Statutes, which requires the landlord to return the deposit within fifteen days if no claim is made, or to send a written notice of intention to impose a claim within thirty days of the tenant vacating. For detailed guidance, see our pillar page: Florida Landlord Security Deposit Laws.

Handling Abandoned Property

After the writ of possession is executed and the tenant is removed, the landlord may find that the tenant has left personal property behind. Florida law imposes certain obligations on landlords regarding abandoned property. Under Section 83.62(2), the landlord is not liable for the loss, destruction, or damage to personal property remaining on the premises after the writ has been executed, provided the landlord has complied with the statutory procedures. For a detailed analysis of abandoned property procedures, see: Handling Abandoned Property After a Florida Eviction.

10. Why Florida Landlords Need an Eviction Attorney

While the Florida eviction process may appear straightforward on paper, the reality is that even a single procedural error can result in the case being dismissed — and every dismissal costs the landlord additional weeks or months of lost rent. An experienced Florida eviction attorney provides value at every stage of the process.

Notice Preparation and Review

The eviction notice is where most landlord mistakes occur. An attorney ensures that the notice demands the correct amount, uses the correct statutory language, is served through the correct method, and that the notice period is properly calculated. This alone can save weeks of delay caused by a defective notice.

Efficient Case Management

An eviction attorney who regularly practices in your county’s courts knows the local judges, the local rules, and the pace of the docket. They know when to file, how to expedite service of process, and how to obtain the fastest possible hearing date. In a contested eviction, this familiarity with the local court can save weeks.

Defeating Tenant Defenses

When a tenant raises defenses — whether meritorious or not — the landlord’s attorney must respond quickly and persuasively. An experienced eviction attorney knows how to challenge defective tenant answers, enforce the court registry deposit requirement, and present the landlord’s case effectively at trial.

Cost Recovery

Under Section 83.48 and most Florida residential leases, the prevailing party in eviction litigation is entitled to recover attorney’s fees. This means that the landlord’s investment in legal representation may be fully recoverable from the tenant if the landlord prevails — making the decision to hire an attorney not just prudent, but potentially cost-neutral.

Need to Evict a Tenant in Florida?

Our firm represents Florida landlords exclusively. We handle residential evictions from notice through writ of possession — aggressively, efficiently, and at competitive flat-fee rates.

11. Related Guides

Explore our detailed guides on specific residential eviction topics:

Explore Our Other Eviction & Landlord Guides

• Remove Squatters in Florida — Unlawful Detainer Actions
• Florida Ejectment Lawyer — Removing Non-Tenants From Your Property
• Mobile Home Park Eviction Attorney Florida — Chapter 723 Guide
• Section 8 Eviction Lawyer Florida — Housing Voucher Eviction Guide
• Florida Landlord Security Deposit Laws — Complete Guide

12. Frequently Asked Questions

An uncontested residential eviction in Florida typically takes three to five weeks from the date the notice is served to the date the sheriff executes the writ of possession. A contested eviction — where the tenant files an answer and raises defenses — can take six weeks to several months, depending on the county, the complexity of the defenses, and the court’s calendar. The most significant delays occur when tenants deposit rent into the court registry and raise maintenance or retaliation defenses, which require a trial to resolve.

Technically, yes — a landlord who is a natural person (not a corporation, LLC, or other entity) may represent themselves in county court. However, self-represented landlords have a significantly higher rate of dismissed cases due to defective notices, improper service, and procedural errors. Additionally, if the property is owned by an LLC, corporation, or other legal entity (as most investment properties are), Florida law requires the entity to be represented by a licensed attorney — a non-lawyer representative cannot appear on behalf of a legal entity in court. Given the costs of delays and dismissals, most landlords find that hiring an experienced eviction attorney saves both time and money.

If the tenant pays the full amount of rent demanded in the 3-day notice within the three-business-day notice period, the tenant has cured the default and the eviction cannot proceed on that notice. If the tenant offers a partial payment, the landlord should refuse it — accepting partial payment may be argued as a waiver of the notice. If the tenant pays after the notice period has expired, the landlord is under no obligation to accept the payment and may proceed with the eviction. However, if the landlord accepts rent after the notice period expires, the tenant will argue that the landlord waived the right to evict, potentially requiring a new notice to be served.

This is a common area of dispute. The safest practice is to include only the base rent amount in the 3-day notice and to pursue late fees and other charges separately. Florida courts have dismissed eviction cases where the 3-day notice included charges beyond the rent actually due. While some lease agreements define late fees as “additional rent,” the risk of having the notice challenged as demanding more than what is owed makes it prudent to limit the demand to the base rent. Late fees can be recovered as part of the money judgment entered at the conclusion of the eviction case.

No. Section 83.67, Florida Statutes, explicitly prohibits landlords from changing locks, removing doors or windows, shutting off utilities, or taking any other action to force a tenant out without a court order. Violating this prohibition exposes the landlord to actual and consequential damages, attorney’s fees, and potentially an injunction requiring the landlord to restore the tenant to possession. The only lawful way to remove a tenant from your property is through the court eviction process culminating in the sheriff’s execution of a writ of possession. For more on this topic, see: Can a Landlord Change Locks in Florida? Self-Help Eviction Laws.

A bankruptcy filing by the tenant triggers the automatic stay under 11 U.S.C. § 362, which generally halts all collection actions and pending litigation against the debtor — including eviction proceedings. However, there are important exceptions. If the landlord already obtained a judgment for possession before the bankruptcy was filed, the automatic stay may not apply to the eviction under 11 U.S.C. § 362(b)(22). Additionally, the landlord may file a motion for relief from the automatic stay in the bankruptcy court, arguing that the stay should be lifted to allow the eviction to proceed. Bankruptcy filings in the middle of an eviction require immediate consultation with an attorney experienced in both landlord-tenant law and bankruptcy.

A straightforward, uncontested eviction in Florida typically costs between $815 and $2,150, including court filing fees ($185–$400), service of process ($40–$70), attorney’s fees ($500–$1,500 for a flat fee eviction), and writ of possession fees ($90–$180). Contested evictions that require court hearings and trial preparation can cost $1,815 to $5,650 or more. Under Section 83.48, the prevailing party in eviction litigation may recover reasonable attorney’s fees — meaning the landlord’s legal costs may be recoverable from the tenant as part of the final judgment.

Yes. A “squatter” — someone who occupies your property without your permission and without any landlord-tenant relationship — is generally not subject to the Chapter 83 eviction process. The appropriate legal remedy for removing a squatter depends on the circumstances but may include an unlawful detainer action under Chapter 82, an ejectment action, or criminal trespass proceedings. For a detailed comparison of these remedies, see: Trespassing vs. Unlawful Detainer: Which Legal Action to Use.