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Florida Eviction Process: A Landlord’s Guide

Evicting a tenant in Florida requires strict compliance with state law at each step. Florida’s eviction laws (Chapter 83, Florida Statutes) lay out specific notices, procedures, and timelines that landlords must follow. This guide explains the process from a landlord’s perspective, including notice types, legal steps, expected timelines, court proceedings, tenant defenses, writs of possession, official resources, and common pitfalls to avoid. Each section includes references to Florida statutes and official resources for accuracy.

1. Types of Eviction Notices in Florida

Florida law requires landlords to give tenants written notice before filing for eviction. The type of notice and its timeframe depend on the reason for eviction:

3-Day Notice (Non-Payment of Rent)

Used when a tenant fails to pay rent on time. It demands that the tenant pay the overdue rent or vacate within 3 business days (excluding weekends and legal holidays) after the notice is delivered. If the tenant pays in full within the 3 days, the tenancy continues; if not, the landlord may proceed with an eviction lawsuit. Statute: Fla. Stat. § 83.56(3).

When to use: Tenant is behind on rent.
Details: The notice must state the exact amount of rent owed, the address of the property, and the deadline by which to pay or move out, not counting the day of delivery or weekends/holidays. It should not include any other charges (e.g. late fees, utilities) unless the lease explicitly defines them as additional rent.

7-Day Notice with Cure (Curable Violations)

Used for breaches of the lease other than non-payment that the tenant can fix within a short time. It gives the tenant 7 days to correct the violation or vacate. If the tenant remedies the issue (for example, removes an unauthorized pet or stops a prohibited behavior) within 7 days, the eviction is halted. If the same violation occurs again within 12 months, the landlord can terminate without another opportunity to cure. Statute: Fla. Stat. § 83.56(2)(b).

When to use: Tenant violates lease terms in a way that can be cured (fixed) – e.g. unauthorized occupants or pets, minor property damage, cleanliness issues, etc.
Details: The notice must specify the lease non-compliance in detail and state that the tenant has 7 days to fix the issue or face eviction.

7-Day Notice without Cure (Irreparable or Repeat Violations)

Used for serious or non-curable breaches of the lease, or repeat violations. It tells the tenant that the rental agreement is terminated due to the listed violations and that no further rent will be accepted. The tenant has 7 days to vacate, but unlike the “with cure” notice, they are not given a chance to fix the issue. Statute: Fla. Stat. § 83.56(2)(a).

When to use: Tenant commits a serious violation or criminal act (e.g. destruction of property, violence, unreasonable disturbance) or has repeatedly violated the lease after prior warnings.
Details: The notice must list the specific incidents of noncompliance and state that because they are severe or have recurred, the tenancy is terminated in 7 days with no option to remedy.

Notice of Termination (Periodic Tenancies)

Used to end a month-to-month or week-to-week tenancy when there’s no specific lease term. Florida law requires at least 15 days’ written notice to terminate a month-to-month tenancy (7 days’ notice for week-to-week rentals) if you are ending it without alleging any breach. (Some landlords choose to give 30 days’ notice for month-to-month out of caution, but the statute sets a 15-day minimum for month-to-month rentals). Statute: Fla. Stat. § 83.57.

When to use: You want to non-renew or end a periodic tenancy (no fixed-term lease) without cause. For example, a month-to-month tenant where you simply wish to regain possession at the end of the period.
Details: The notice must be in writing and typically state that the rental agreement will terminate at the end of the rental period. No reason is required in this case, since it’s not for cause. If the tenant doesn’t vacate by the end of the notice period, you can file an eviction for holdover.

Important

All eviction notices should be in writing and delivered properly (see next section). Keep copies of any notice served. Providing the correct type of notice with the exact language and timeframe required by law is a condition precedent to an eviction lawsuit – a mistake here can result in your case being dismissed in court.

2. Serving Notices – Legal Steps and Delivery Methods

Before a landlord can file an eviction lawsuit, Florida law requires giving the tenant the appropriate written notice and waiting the required time after delivery. Proper service (delivery) of the notice is critical. Here’s what landlords must do:

Deliver the Notice Properly

You may deliver the notice in person to the tenant or, if the tenant is absent, post the notice on the tenant’s door (at the rental unit). Mailing the notice is also allowed, but be cautious: if you mail a 3-day or 7-day notice, you should add additional days for mailing time. Best practice is to add 5 extra days to the notice deadline if you mail it, to account for postal delivery. (For example, a 3-day notice sent by mail would effectively become an 8-day notice to ensure the tenant actually has three business days after receipt.) Hand delivery or posting on the premises is the fastest method.

Calculate the Notice Period Correctly

The “clock” for the notice starts the day after delivery. Do not count the day you served the notice, and exclude weekends and official holidays for 3-day notices. For a 3-day pay-or-quit notice, this typically means if you post it on a Wednesday, Day 1 is Thursday, Day 2 is Friday, skip Saturday and Sunday, Day 3 is Monday. The notice would expire at the end of Monday. If a legal holiday occurs in the interim, add an extra day. Precise timing is essential; miscounting days or including weekends when you shouldn’t can invalidate the notice.

Keep Proof of Service

It’s wise to document how and when you served the notice. Many Florida form notices include a “certificate of service” section where you can note whether it was hand-delivered or posted (and the date). While not required by statute to have the tenant sign anything, as a landlord you should retain a copy of the notice and note the delivery method and date for your records. This will be important later if the tenant contests receiving the notice.

Wait for the Tenant’s Response (or Cure)

After proper delivery, wait out the notice period. The tenant may respond by paying the rent owed (which cures a 3-day notice), by fixing the lease violation (which cures a 7-day notice with opportunity to cure), or by moving out. If the tenant complies within the notice period, you cannot proceed with an eviction. If they do not comply by the deadline (e.g. the 3 days pass with no payment, or 7 days pass with the problem unresolved), you may then take the next legal step: filing an eviction lawsuit.

Avoid Self-Help Remedies

Do not take eviction into your own hands by changing locks, removing the tenant’s belongings, turning off utilities, or otherwise ousting the tenant without a court order. Florida law prohibits self-help evictions – actions like lockouts or shutting off water/electric are illegal and can make you liable for hefty damages (the statute allows the tenant to recover actual damages or 3 months’ rent as penalty, whichever is higher, from a landlord who does this). Always go through the court process after giving notice; the notice itself does not allow you to remove the tenant without a court’s writ of possession.

By following the above steps, a landlord fulfills the legal prerequisites (proper notice and service) before filing an eviction. Skipping or mishandling the notice phase is one of the costliest mistakes – it can result in delays, case dismissal, and even having to pay the tenant’s attorney fees. Always ensure the notice is the correct type, delivered in the correct way, and that you wait the full period required.

3. Timeline of the Eviction Process in Florida

The total eviction process in Florida – from notice to removal – typically takes several weeks in an uncontested case, but can take longer if the tenant contests the eviction. Here is a breakdown of the typical timeline for each phase:

Notice Period

After serving the eviction notice, you must wait the notice period (3 business days, 7 days, 15 days, etc., depending on the notice type) for the tenant to comply or vacate. Example: For non-payment, 3 full business days must pass after delivery. If the deadline passes with no compliance, the landlord can file the eviction lawsuit on the next business day. (If the tenant pays or cures within the notice period, the process stops here).

Filing the Complaint

Once the notice period expires without resolution, the landlord files an eviction complaint in the County Court for the county where the property is located. This starts the formal court process (see Section 4 for details on filing). Filing can usually be done the same or next day after notice expires. The clerk of court will issue a summons for each tenant. There is typically a filing fee (which varies by county and whether you seek back rent in addition to possession).

Service of Summons and Complaint

After filing, the summons and complaint must be served on the tenant by a sheriff or certified process server. In Florida, the summons for possession gives the tenant 5 business days (excluding weekends and holidays) from the date of service to respond (answer) in writing. Serving the papers can take a few days depending on the sheriff’s schedule; if the tenant is hard to locate, service might be done by posting (after a diligent attempt at personal service) and mailing a copy, per court rules. The 5-day response clock starts once service is achieved (or posted).

Tenant’s Response Period (5 Days)

The tenant has five working days to file a written answer with the court after being served. For example, if served on a Monday, the count starts Tuesday and skips weekends. During this period, the tenant is also required to deposit any owed rent with the court registry if they plan to raise defenses other than payment (more on this in Section 5). Most tenants either do not respond or cannot pay the back rent – if no answer is filed after 5 days, the landlord can move for a default judgment.

Default Judgment (if no answer)

If the tenant fails to respond in 5 days, the landlord may obtain a Clerk’s default and then a Final Judgment for Possession from the court without a hearing. Essentially, the case is won by default. The landlord would then skip to obtaining the writ of possession (Section 6).

If Tenant Answers (Contested Eviction)

If the tenant does file an answer (and deposits rent as required), the case becomes contested. The court will typically set a hearing or trial on an expedited basis, since evictions are treated as summary procedure in Florida. The hearing is usually scheduled quickly (possibly within a week or two after the answer, depending on the court’s calendar, sometimes sooner). At the hearing, a judge will hear both sides’ arguments – the landlord should be prepared to prove the notice was proper and the lease violation or non-payment occurred. If the case involves unpaid rent and the tenant hasn’t deposited the full amount into the court registry, the landlord can ask for an immediate default per Fla. Stat. § 83.60(2).

Court Judgment

If the judge rules in the landlord’s favor (whether by default or after a hearing), the court will enter a Final Judgment for Possession ordering the tenant to vacate. This judgment is typically prepared by the landlord (or the landlord’s attorney or the clerk’s office forms) for the judge to sign. It formally ends the tenancy. If the landlord also sued for back rent or damages, the court might reserve that portion for a later hearing (the tenant gets 20 days to respond to a money damages claim, which can be handled after the eviction). But importantly, possession of the property can be awarded before the money issues are resolved, so the landlord can get the tenant out and deal with rent/damages separately if necessary.

Writ of Possession (24-Hour Notice)

After the judgment, the landlord must apply for a Writ of Possession from the clerk. Once issued, this writ is given to the sheriff to execute. The sheriff will post a 24-hour notice on the property (usually on the door) informing the tenant that they must leave within 24 hours. Note: The 24 hours is typically counted excluding weekends or court holidays – for example, if a writ is posted on a Friday, the sheriff will usually not remove the tenant until Monday. In practice, some sheriffs may allow slightly more than 24 hours due to scheduling, but 24 hours is the statutory minimum warning.

Removal by Sheriff

Once the 24-hour notice period expires, the sheriff can return to physically remove the tenant (if they haven’t already left) and restore possession to the landlord. This usually happens on the next business day after posting. The landlord or landlord’s agent should meet the deputy at the property at the appointed time to receive possession. The sheriff will require the landlord to arrange for the locks to be changed at that time (the sheriff typically does not handle locksmith duties). Any of the tenant’s belongings left behind can be moved to the property line during the sheriff’s execution of the writ (Florida law allows the landlord to remove them in the presence of the sheriff) – the tenant has no further right to re-enter once possession is returned to the landlord.

Summary of Timeline

In an uncontested case, a Florida residential eviction for non-payment might take around 3-4 weeks start to finish (e.g. 3 days for notice, ~1 week to file and serve, 5 days for tenant to respond, plus a few days for default and scheduling the sheriff). If contested, it could extend to 4-6+ weeks, depending on court hearing dates and whether the tenant deposits rent. Always factor in possible delays (e.g., difficulty serving the tenant, court backlog, or tenant stalling tactics). While Florida’s process is relatively fast (thanks to the 5-day answer rule for evictions), each phase has its waiting periods that must be observed.

4. Filing an Eviction Lawsuit (Unlawful Detainer vs. Eviction) and Court Procedures

Where to File

Eviction cases in Florida are filed in the County Court (civil division) where the rental property is located. This is typically a simplified process, and many county clerk websites offer forms or “pro se” packets to assist landlords. If you are a Florida landlord removing a tenant, the action is usually an “eviction” under Chapter 83, Florida Statutes (Residential Landlord/Tenant Act). If instead you need to remove an occupant who has no tenant rights or lease (e.g. a squatter or holdover guest with no agreement to pay rent), you might file an “unlawful detainer” action under Chapter 82, which does not require the 3-day or 7-day notices. Unlawful detainer is used when there is no landlord-tenant relationship (no rent agreement); whereas an eviction requires that a tenancy existed (even an oral one). This guide will focus on the standard eviction process for landlords and tenants (Chapter 83), but be aware of the distinction.

Preparing the Complaint

To start the lawsuit, the landlord (or their attorney) files a Complaint for Eviction with the clerk of court. In the complaint, you state the grounds for eviction (e.g. non-payment of rent or lease violations), allege that you gave the proper statutory notice and that the tenant failed to comply, and request judgment for possession of the property. Key points in filing include:

Include Necessary Documents: Attach a copy of the notice you served on the tenant (3-day, 7-day, etc.) to your complaint, as well as a copy of the written lease if there is one. Most courts require these as exhibits. Including them verifies to the court that proper notice was given and shows the terms of any lease. Not attaching the notice can lead to delays or dismissal.
Filing Fees: Pay the required filing fee (amount varies by county; often around $185 for an eviction, plus more if damages are claimed – check with your clerk). Also prepare payment for the summons service fee for each tenant/defendant (for the sheriff or process server). Many clerks require a separate check or money order for the sheriff’s fee.
Summons Issuance: The clerk will issue an Eviction Summons for each tenant, which then must be formally served. In Florida, if you are only suing for possession, the summons will indicate the tenant has 5 days to respond. If you also include a claim for unpaid rent or other damages, the tenant will get a separate summons for that count with 20 days to respond on the money portion. (This 20-day summons is like a regular civil case timeline, but it does not slow down the possession part – the court can grant possession after 5 days, and handle the money claim separately).
Unlawful Detainer Complaint: If proceeding under Chapter 82 (no landlord-tenant relationship), the complaint simply alleges that the occupant has no legal right to remain and refuses to vacate. No pre-suit notice is required for unlawful detainer, but otherwise the filing process in court is similar (summons, response times, etc., though sometimes treated as a general civil case).

Service of Process

Arrange for the county sheriff or a certified process server to serve the summons and complaint on the tenant. The summons will instruct the tenant about the 5-day response deadline for evictions. If the tenant can’t be found for personal service, Florida law allows “nail and mail” service for evictions: the summons can be posted on the property (after a diligent attempt) and the clerk will mail a copy to the tenant’s address. Proper service is crucial – the court cannot proceed until the tenant is served or service by posting is completed according to law.

Court Proceedings – What to Expect

Florida eviction cases move quickly. Here’s what typically happens after filing and service:

Tenant Fails to Respond: If the tenant does not file any answer or response within 5 business days of service, the landlord can file a Motion for Default and submit a Final Judgment for Possession to the judge. In many counties, the clerk or judge will sign the default judgment relatively fast (sometimes within days), given proof of proper notice and service. No hearing is needed if unopposed. The landlord then proceeds to the writ of possession (see Section 6).
Tenant Files an Answer/Defense: If the tenant does respond on time, the case will be set for a hearing or trial before a judge (usually a brief bench trial, since jury trials in eviction are rare). The court will often schedule a hearing soon after the answer, due to the summary nature of evictions. Both parties should attend. As the landlord, be prepared to present evidence: a copy of the notice, proof it was delivered, the lease, payment records, photographs or witnesses if alleging damage or misconduct, etc. The tenant may present their defenses (see Section 5 for common defenses). The judge will decide whether the eviction is justified under the law.
Payment into Court Registry: Florida law gives landlords a powerful tool to keep the process moving: if the tenant raises defenses other than payment, the tenant must deposit the owed rent into the court’s registry during the case. The summons itself informs the tenant of this requirement. If the tenant believes the amount claimed is wrong, they must still deposit the amount or file a motion asking the judge to set the proper amount (a Motion to Determine Rent). If the tenant fails to deposit rent as required within 5 days of service, it is an absolute waiver of their defenses (except payment) and the landlord is entitled to an immediate default judgment for possession. In short, the tenant cannot simply contest the eviction without paying rent into the court; doing so would let the landlord win by default.
Judgment and Appeals: If the judge rules for the landlord, a Final Judgment of Eviction (Possession) will be entered. If the judge for some reason rules for the tenant (e.g. finding the notice was invalid or the landlord didn’t fulfill an obligation), the case could be dismissed and the tenant stays. Either side can appeal, but appeals are rare in eviction due to time and cost. An appeal by a tenant generally will not stop the eviction unless the tenant posts an appeal bond set by the court.

Throughout the court process, the landlord should avoid accepting rent payments from the tenant (unless the court orders it or it’s a settlement to resolve the case). Accepting rent after the case is filed can complicate or nullify the eviction, as it might be seen as reinstating the tenancy. The landlord can accept payments into the court registry instead. Once in court, follow all procedures carefully – missing a court date or filing can result in delays or dismissal of your case. Many landlords hire an attorney for evictions due to the technical requirements, but Florida law does allow landlords to represent themselves in their own eviction cases (note: a property management company can not represent the landlord in court unless the individual is an attorney).

5. Tenant Defenses and How They May Affect the Process

Tenants may raise various defenses in an eviction that can delay or even defeat the landlord’s case if valid. As a landlord, it’s important to understand common defenses and how they impact the process:

Improper Notice or Procedure

One of the most frequent defenses is that the landlord’s notice was defective – for example, the notice had the wrong amount, wrong dates, wasn’t worded correctly, or wasn’t served properly. Since the 3-day or 7-day notice is a legal prerequisite, a significant error can derail the case. However, remember that under Florida’s law, even a defense of a defective notice requires the tenant to pay the rent into court to continue the fight. If the tenant proves the notice was indeed non-compliant with the statute, the judge may dismiss the eviction (the landlord would then have to correct the error and start over with a new notice). This defense can be avoided by using the proper statutory forms and methods every time.

Payment Made or Tendered

A tenant can defend by claiming they actually paid the rent (or tried to pay within the allowed time and the landlord wrongfully refused it). Proof of payment (receipts, etc.) would be presented. If the tenant did pay all rent due before the 3-day notice expired (or before the eviction was filed), the eviction for non-payment will fail. Sometimes, a tenant might claim the landlord refused a reasonable partial payment or that the amount on the notice was overstated. Keep good records to refute false claims. Also note, if a landlord accepted a partial payment after giving a 3-day notice, it can be argued that the notice was waived and a new notice should be given (unless a clear agreement was made reserving the right to continue the eviction). Florida law (Section 83.56(5)) considers acceptance of rent with knowledge of a breach potentially a waiver of that breach, so landlords should be cautious about taking money from a delinquent tenant without clarifying how it affects the eviction.

Repair and Deduct / Conditions Defense

Florida tenants have the right to withhold rent if the landlord fails to maintain the property in habitable condition, but only after following certain steps. The tenant must have given the landlord 7 days’ written notice to fix the problem per Fla. Stat. § 83.56(1). If the landlord didn’t make required repairs (such as no heat, plumbing issues, unsafe conditions), the tenant can withhold rent or even terminate the lease and use this as a defense to non-payment. In court, the tenant would need to show the problem was serious and that they gave proper notice of the issue. Even so, the tenant should deposit the withheld rent into the court registry pending the outcome. – the judge may decide how much of a rent reduction is appropriate given the conditions. If the tenant simply stopped paying rent without following the statutory procedure, this defense may not hold up, but it can still complicate the case and require a hearing on the facts. Landlords can preempt this by keeping the property in good repair and promptly addressing written repair requests.

Retaliation

It is illegal to evict a tenant in retaliation for the tenant asserting legal rights. Florida law (Fla. Stat. § 83.64) presumes retaliation if a landlord moves to evict shortly after a tenant has, for example, complained to a government agency about housing code violations or lawfully exercised other rights. A tenant might claim the eviction is not really for the stated reason but in retaliation for such complaints. If proven, retaliatory eviction is a defense that can stop the eviction. As a landlord, always document legitimate reasons for eviction and timing. If you did have, say, a code enforcement issue raised by the tenant, be prepared to show the eviction is for non-payment or a serious lease breach, not because they called an inspector.

Discrimination

Although less common as a direct eviction defense, a tenant could allege the eviction is based on illegal discrimination (race, religion, family status, etc., under fair housing laws). This usually would be handled as a separate fair housing complaint rather than a defense in the eviction proceeding itself, but a tenant might raise it to cloud the issues. The court might not litigate discrimination in the eviction case, but the allegation could complicate matters. Landlords should always ensure they have a valid business reason for eviction and apply rules consistently.

Military Service Protection

If the tenant or their spouse is an active-duty service member, the federal Servicemembers Civil Relief Act (SCRA) provides certain protections. For instance, if the tenant is on active duty and the rent is below a certain amount, they may request a stay (delay) of the eviction if military service affects their ability to pay or defend the case. Courts will often require an affidavit regarding military service before entering a default judgment. Be mindful of these requirements; failing to file a required SCRA affidavit can pause your case.

Procedural Defenses

A tenant might claim issues like improper service of the summons/complaint, or that the landlord filed in the wrong court or before the notice period ended. These are technical but can cause a reset if the court finds merit. For example, if the process server didn’t post the summons properly, the court could require re-service and restart the 5-day answer period.

Effect on the Process: When a tenant raises defenses (especially if they have an attorney), the eviction process slows down and shifts into litigation mode. There will likely be a hearing, and the landlord must prove their case. However, Florida’s requirement that rent be deposited in the court registry helps prevent purely frivolous defenses – the tenant has to have skin in the game (pay the rent) to get their day in court. If they don’t, you as the landlord can move for an immediate default and writ of possession. If they do deposit the rent, that money stays in the registry and can later be disbursed based on the outcome (e.g. to the landlord if the eviction is granted).

In some cases, upon seeing a strong defense, a landlord might choose to work out an agreement (e.g. stipulate to a move-out date or rent payment plan) rather than continue to trial. Always weigh the costs – a contested eviction can take extra weeks and court appearances. If you believe the tenant’s defense is valid (for instance, you did make a mistake), it might save time to negotiate a resolution or correct the issue and start over. But if you’re in the right, the process is designed to handle these defenses fairly quickly as long as rent is being paid into court.

6. Obtaining a Writ of Possession and Coordinating with the Sheriff

Winning an eviction case (by default or judgment) is not the final step – a landlord cannot remove a tenant or take possession until a Writ of Possession is issued by the court and executed by the sheriff. Here’s how that works in Florida:

Final Judgment for Possession

Once you have the court’s final judgment in your favor, it will direct that the landlord is entitled to possession of the property. Typically, the same day or shortly after the judgment, you will request the Clerk of Court to issue a Writ of Possession (often you file a short motion or simply submit the proposed writ form with the fee). In many counties, you provide the clerk with the completed writ form (with the property address and case details) and pay a issuance fee and a sheriff’s service fee.

Issuance of the Writ

The Writ of Possession is an order telling the sheriff to execute the eviction. The clerk signs/seals it and gives it to you (or directly to the sheriff in some counties). In Florida, the writ instructs the sheriff to give the tenant a 24-hour notice to vacate and then to physically remove the tenant if necessary. Once you have the writ, do not post it or take action yourself – it must be delivered to the sheriff for official service.

Deliver Writ to Sheriff

Take the writ of possession to the Sheriff’s Office civil process division for the county. There will be a service fee (commonly around $90, though it varies) that you must pay to the sheriff for executing the writ. The sheriff will log the writ and assign a deputy to serve it. Important: Only the sheriff (or authorized deputy) can lawfully execute a writ of possession. The landlord or their agent is not allowed to post the writ themselves. The sheriff will schedule a posting – typically within a day or two of receiving the writ, a deputy will go to the property and post the 24-hour notice on the door.

24-Hour Notice Posting

The notice posted by the sheriff will usually say something like “Writ of Possession” and inform the occupants that they have 24 hours to vacate voluntarily. By law, the sheriff must give at least 24 hours’ notice. Note that this is 24 hours excluding weekends and holidays (if the writ is posted on a Friday, the 24 hours typically rolls to Monday). The exact timing and wording can vary slightly by county, but it clearly signals the last chance for the tenant to leave on their own. Many tenants do move out once they see the sheriff’s notice, to avoid the embarrassment and potential costs of a forcible removal.

Coordinating the Physical Eviction

After the 24 hours expire, a deputy will return to the property to execute the writ. The landlord will be contacted to coordinate a time – be sure to provide the sheriff with your phone number and be available. At the appointed time, meet the deputy at the property. The deputy will enter and remove any remaining persons from the premises. At that point, possession is returned to the landlord (often, the deputy will literally hand you the premises or announce that it’s yours now). You should have a locksmith ready to change the locks immediately after entry, to secure the property. The sheriff’s role is to keep the peace and ensure the removal is civil; they will not physically move furniture, nor will they act as a locksmith for you.

Removal of Tenant’s Belongings

If the tenant still has personal property inside, Florida law does not specify a set procedure for handling it in an eviction. In practice, during the execution of the writ, the landlord (with any helpers) may remove the tenant’s belongings and place them by the property line/curb. The sheriff will supervise to prevent breach of peace. Once the items are removed and the locks changed, the tenant has no right to re-enter. Important: The landlord should not keep the tenant’s belongings for themselves; if you remove property, place it out for the tenant to potentially retrieve. While Florida used to have a “landlord’s lien” for unpaid rent, it has been largely abolished for residential tenancies, so it’s safest to treat belongings as abandoned if left behind (you may dispose of them, but doing so in the tenant’s presence at the time of eviction by putting them outside is common). Always check local rules or consult an attorney if a large amount of valuable property is left, to avoid claims of wrongful disposal.

Return of Service

The sheriff’s deputy will usually have you sign a form acknowledging return of the property to you “as is” and confirming execution of the writ. This is a final step documenting that the eviction has been completed. If the tenant returns later or tries to re-enter, it’s now a trespassing matter and law enforcement can be called.

Coordinating with the sheriff’s office is generally straightforward if you follow their instructions. Every county might have slight differences (some require you to pick up the writ from the clerk and then bring to sheriff, others have electronic systems). The key is to promptly deliver the writ to the sheriff and be ready for the lockout when the time comes. Do not attempt to remove the tenant yourself without the sheriff. Until the writ is executed, the tenant is still legally in possession, and any self-help can expose you to liability. Once the sheriff has performed the eviction, you can legally take back your property.

7. Official Forms and Legal Resources for Florida Landlords

Florida provides many official resources to help landlords navigate evictions lawfully. Below are links to official forms, statutes, and guides that Florida landlords should be familiar with:

Florida Statutes – Landlord/Tenant Law (Chapter 83, Part II)

The full text of Florida’s residential landlord-tenant statutes can be found on the Florida Legislature’s website. Key sections include 83.56 (termination notices), 83.57 (notice for ending periodic tenancy), 83.59 (landlord’s action for possession), 83.60 (defenses and rent deposit requirement), 83.62 (writ of possession), and 83.67 (prohibited practices like self-help). Reviewing these statutes will give you the exact legal requirements for evictions.

Florida Bar “Landlord/Tenant Forms”

The Florida Bar provides Supreme Court-approved forms for common landlord/tenant actions. These include templates for the 3-Day Notice, 7-Day Notices, Complaint for Eviction, and motions/judgments. For example, Form 1 is a Notice from Landlord to Tenant – Termination for Failure to Pay Rent, which contains the proper statutory language. Using these official forms helps ensure you meet Florida’s requirements. The forms can be accessed on the Florida Bar’s website (Consumer Resources section) and are updated periodically.

Florida Bar Consumer Guide – Rights and Duties of Tenants and Landlords

This is an online pamphlet published by the Florida Bar that explains in plain language the responsibilities of both landlords and tenants under Florida law. It includes a section on the eviction process from a landlord’s perspective, timelines, and tips. It’s a helpful educational resource to understand the big picture and is updated regularly (updated as of May 2025).

County Clerk of Court Resources

Many Florida counties have self-help resources for evictions on the Clerk of Court’s website. These often include local instructions and sometimes downloadable eviction packets. For example, the Escambia County Clerk’s site outlines types of notices and the eviction process, the Lee County Clerk provides a step-by-step guide and even a TurboCourt online forms assistant, and other counties like Palm Beach, Pasco, etc., have similar guides. Check your local clerk’s website under residential evictions or landlord-tenant actions.

Florida Courts E-Filing Portal

Landlords (especially those out of state or managing properties remotely) can use the statewide e-filing portal (www.myflcourtaccess.com) to file eviction cases electronically. You must register, and filing fees can be paid online. Note that summons issuance and coordination with the sheriff will still be needed, but e-filing can save a trip to the courthouse.

FloridaLawHelp.org

This is Florida’s legal aid website, which contains information and articles on landlord/tenant law. While often geared towards tenants, it includes standard information on evictions and the rights of each party. Landlords can glean insight into what advice tenants might be receiving and ensure they are following the law accordingly.

Official Eviction Forms (Florida Court Forms)

In addition to the Florida Bar forms, the Florida Supreme Court’s approved landlord-tenant forms are also sometimes available in printed packets from the Clerk or for download. These include the Complaint for Eviction (for possession only). Complaint for Eviction and Damages (possession + back rent), Motion for Default, Final Judgment – Eviction, and Writ of Possession forms. Using the official forms can streamline the process, as judges and clerks are familiar with them.

Florida Department of Agriculture & Consumer Services – Landlord/Tenant Information

This state department handles consumer issues and publishes a brief brochure on Florida Landlord/Tenant Law (summary of Chapter 83). It’s not as detailed on evictions, but provides contact info if you have complaints or need mediation.

Remember that while these resources are extremely helpful, they are no substitute for legal advice in complicated situations. If you’re unsure about any step, consult a Florida attorney who specializes in landlord-tenant law. However, for straightforward cases, the above official resources can guide you through a proper eviction.

8. Common Mistakes to Avoid During the Eviction Process

Even well-intentioned landlords can make errors in the eviction process that cause delays, legal issues, or case dismissals. Here are some common mistakes and how to avoid them:

Common Mistakes to Avoid During the Eviction Process

Skipping or Faulty Notices

The most frequent mistake is not giving the proper notice (or miscalculating the notice period). Examples include: giving a 3-day notice for a reason other than unpaid rent, failing to exclude weekends/holidays on a 3-day notice, or using a generic notice that doesn’t match Florida’s requirements. Always use the correct type of notice and the exact wording required by Florida law. Another mistake is filing the eviction lawsuit too early – you must wait until the notice period is fully expired. If you file even one day too soon, the case can be tossed. Solution: Double-check the notice calculations and if in doubt, wait an extra day or two. It’s better to be a little late than too early.

Improper Service of Notice or Court Papers

Posting a notice in an obscure spot, slipping it under the door without knowing if the tenant got it, or mailing it without adding the extra days can undermine your case. Follow the service methods exactly (hand deliver or post on the premises conspicuously), and document it. Similarly, once in court, don’t neglect to serve the summons via the sheriff or approved server. Some landlords try to hand the complaint to the tenant themselves – this is not valid service. Use official channels for all service of process. If the tenant wasn’t properly served, the eviction cannot proceed.

Including Non-Rent Charges in a 3-Day Notice

Florida law limits the 3-day notice to only rent that’s due. Demanding late fees, utility payments, or other costs in that notice (unless your lease clearly defines them as additional rent) makes the notice defective. This is a common cause of dismissal. Keep the 3-day notice strictly to base rent. You can always sue for other charges separately, but don’t mix them into the statutory pay-or-quit notice unless allowed.

Accepting Partial Rent or Other Waivers

Cashing a rent check (even a partial payment) after you’ve given a 3-day notice can reset the eviction process. By accepting money, you might be viewed as waiving the default or creating a new agreement. To avoid this, do not accept any payment after the notice expires, unless you intend to halt the eviction. If you accidentally accept payment or want to work with the tenant, be aware you may need to serve a new notice for any remaining balance. Florida law (Section 83.56(5)) provides that accepting performance with knowledge of a breach can waive your right to terminate for that breach. Some landlords include a reservation of rights when accepting money (saying “for use and occupancy, not as rent, and eviction continues”), but this can be legally tricky – best to consult an attorney in that scenario.

Self-Help Eviction Tactics

As stressed before, any attempt to evict without a court order – whether by locking out the tenant, removing their belongings, shutting off utilities, or harassment – is illegal and can boomerang badly on the landlord. Florida courts strictly penalize self-help. Not only can it give the tenant a defense or counterclaim in the eviction (or a separate lawsuit), it can result in having to pay the tenant statutory damages (up to three months’ rent). No matter how frustrated you are, always stick to the legal process through the courts and sheriff.

Not Bringing the Proper Documents to Court

If your case does go to a hearing, being unprepared is a mistake. You should have copies of the lease, the notice, proof of service, rent ledgers, photos (if relevant), and any witnesses ready. If you don’t have the notice or lease, the judge might continue the case or even dismiss it for lack of evidence. Organize your paperwork in advance. Also, ensure you have the tenant’s name spelled correctly on all documents and the property address correct – typos can cause issues in court orders.

Missing Court Deadlines or Hearings

Once the eviction is filed, pay close attention to any court notices. Failing to attend a scheduled hearing or missing a required filing can result in your case being delayed or dismissed, as courts won’t bend the rules just because you’re pro se. If the tenant answers, you may need to file a reply or be present to press for the rent deposit rule. Always check with the clerk if you’re unsure of the next step. As one legal resource notes, missing court dates or not following procedure can lead to case dismissal and additional expenses.

Not Following Through on the Writ of Possession

Sometimes landlords win the judgment but then delay obtaining the writ or don’t promptly coordinate with the sheriff. Remember, a judgment for possession doesn’t physically remove the tenant – only the writ enforced by the sheriff does. If you sit on it, the tenant might linger or even cause more damage. Also note, if you wait too long (many months) after judgment to get the writ, a court might require re-notice or other proceedings. Act swiftly to finish the process. Conversely, do not attempt to execute the writ yourself – always involve the sheriff for the final step.

Poor Record-Keeping and Documentation

Inadequate documentation can hurt both in court and in avoiding disputes. Keep clear records of rent payments (when they were made or missed), any communications about breaches, repair requests, etc. If a tenant claims something in court, having emails, texts, or letters can quickly refute or confirm it. For example, if the tenant emails about a mold issue and you promptly responded with a repair, you can counter a habitability defense. Without records, it becomes he-said/she-said. Additionally, if you have multiple tenants or properties, maintain separate files for each to avoid confusion.

By being aware of these common mistakes, you can take steps to avoid them. The eviction process may seem procedural, but small errors can have big consequences for a landlord. It pays to be meticulous and patient: follow the law’s requirements to the letter, and the process will ultimately give you a legal, enforceable result – the removal of a tenant who is not complying with the lease. If ever in doubt, seek legal counsel to review your notices or procedures; as the Florida Bar’s guide warns, a single mistake can cause serious delay in regaining possession. With careful adherence to the rules and proper documentation, Florida’s eviction process can be navigated successfully, restoring your rights to your property.

Sources

Texas Property Code §§24.005, 24.0061 (notice and writ requirements)
Texas Property Code §§92.331, 92.335 (retaliation defense)
Texas Property Code §§92.008 & 92.0081 (prohibitions on utility cutoff and lockout)
Texas Rules of Civil Procedure Rule 510 (eviction rules)
Travis County JP4 Eviction FAQs (court procedure and timeline)
Texas State Law Library – “Eviction Process” FAQ
Texas Tenant Advisor – “Eviction” (tenant defenses and process from tenant perspective)
Jarrett Law Firm – “What NOT to Do” (landlord eviction prohibitions)

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