The Florida eviction process, step by step.
Most failed evictions in Florida fail on the notice, not the facts. Here is what Chapter 83 actually requires, in the order it happens.
Eviction in Florida is a court process, and it is governed by Chapter 83, Part II of the Florida Statutes — the Residential Landlord and Tenant Act. You cannot change the locks, shut off the power, or remove a tenant's belongings to force them out. Doing any of that exposes you to damages regardless of how far behind the tenant is on rent.
The process has three stages: notice, filing, and writ of possession. Almost every eviction that collapses does so in the first stage.
Stage 1: Serve the correct notice
Which notice you serve depends on what the tenant did. There are three, and they are not interchangeable.
| Situation | Notice | Statute |
|---|---|---|
| Tenant has not paid rent | 3-day notice to pay or vacate | § 83.56(3) |
| Lease violation that can be fixed (unauthorized pet, unapproved occupant) | 7-day notice to cure | § 83.56(2)(b) |
| Violation that cannot be fixed (intentional destruction, repeat violation) | 7-day unconditional notice to vacate | § 83.56(2)(a) |
The 3-day notice for unpaid rent
This is the one most owners get wrong. The statute does not just set a deadline — it sets the wording. Florida courts treat § 83.56(3) as a strict-compliance provision, so a notice that paraphrases the statutory form can be thrown out, and you start again.
"If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement."
Fla. Stat. § 83.56(3)Two things follow from that sentence, and both are routinely missed:
- The three days exclude Saturdays, Sundays, and legal holidays. A notice delivered on a Thursday before a Monday holiday does not expire until the following Thursday. Filing early is fatal — the case gets dismissed and the clock restarts.
- The day of delivery does not count. Counting starts the next business day.
2026 update. The 3-business-day notice is still the law. A bill that would have extended it to five days, SB 716, died in committee on 13 March 2026. Any guide telling you Florida moved to a 5-day notice is describing a bill that did not pass.
Delivering the notice
Section 83.56 gives you three delivery methods: hand the notice to the tenant, hand it to someone living in the unit if the tenant is not there, or — if nobody is home — post it conspicuously on the door and mail a copy by first-class mail. Posting alone is not enough. Photograph the posted notice with a timestamp; that photo is what you will produce in court.
Stage 2: File the eviction with the county court
If the notice period expires and the tenant has not paid or left, you file a complaint for eviction in the county court where the property sits — Broward County Clerk for Hollywood, Fort Lauderdale, Hallandale Beach, Dania Beach and Pembroke Pines; Miami-Dade Clerk for Miami and Aventura.
You will need the lease, the notice, proof of how and when it was delivered, and a ledger showing what is owed. The tenant is served and has five days (again excluding weekends and holidays) to respond.
If the tenant contests the eviction over unpaid rent, Florida requires them to deposit the disputed rent into the court registry. Tenants who do not make that deposit generally lose the right to contest — which is why straightforward nonpayment cases often resolve faster than owners expect.
Stage 3: Judgment and writ of possession
If you win, the court issues a judgment for possession and the clerk issues a writ of possession. The writ goes to the sheriff, who posts it at the property. The tenant then has 24 hours to leave before the sheriff returns and the property is turned over to you.
Only the sheriff can execute the writ. Not you, not a locksmith you hired, not your property manager.
The five mistakes that cost owners the most time
- Counting calendar days instead of business days. The single most common reason a Florida eviction gets dismissed.
- Rewriting the notice in your own words. The statutory form exists for a reason. Use it.
- Accepting partial rent after serving the notice. This can waive the notice and force you to start over. If you intend to proceed, do not accept money without legal advice first.
- Combining unpaid rent and a lease violation in one notice. They are different notices with different timelines. Serve them separately.
- Self-help. Changing locks or cutting utilities converts a case you would have won into one you will lose.
How long does it take?
An uncontested nonpayment eviction in South Florida commonly runs a few weeks from notice to writ. A contested case, or one where the notice has to be re-served because of a counting error, runs considerably longer. We do not publish an average number of days here because it varies by county, by division, and by how busy the court is — anyone quoting you a precise statewide figure is guessing.
The better answer: don't get here
Eviction is a symptom. Almost every eviction we see traces back to a screening decision made months earlier. Every CIMCO applicant goes through background, credit, income and rental-history checks before we recommend them — and the final approval is always the owner's. It is a great deal cheaper than a writ of possession.
If you own a rental in Hollywood, Fort Lauderdale, Hallandale Beach or anywhere in Broward County, we handle notices, filings and court coordination as part of full-service management.
This is general information, not legal advice. Florida landlord–tenant law is detailed and fact-specific, and statutes change. Verify anything you intend to act on against the current Florida Statutes Chapter 83, Part II, and consult a Florida attorney before serving notices or filing an eviction.
Florida eviction questions owners ask.
How many days is a Florida eviction notice for unpaid rent?
Three days, excluding Saturdays, Sundays and legal holidays, under Fla. Stat. § 83.56(3). The day the notice is delivered does not count. A notice served on a Thursday before a Monday holiday therefore does not expire until the following Thursday.
Can I change the locks on a tenant who stopped paying rent in Florida?
No. Florida prohibits self-help eviction. Changing locks, removing belongings, or shutting off utilities to force a tenant out exposes the landlord to damages, regardless of how much rent is owed. Only a sheriff executing a writ of possession can remove a tenant.
Do I have to use the exact wording of the Florida 3-day notice?
Yes. Fla. Stat. § 83.56(3) sets out the required form of the notice, and Florida courts apply it strictly. A notice that paraphrases, omits, or alters the statutory wording can be voided, which restarts the eviction from the beginning.
What happens if the tenant pays part of the rent after I serve the notice?
Accepting a partial payment after serving a 3-day notice can waive the notice and require you to start the process again. If you intend to proceed with the eviction, get legal advice before accepting any money.
Did Florida change the 3-day notice to 5 days in 2026?
No. SB 716, which proposed extending the nonpayment notice period to five days, died in committee on 13 March 2026. The 3-business-day notice under Fla. Stat. § 83.56(3) remains the law.
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Read the guide →Rather hand this to someone else?
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