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Key Takeaways
Follow the Legal Process: Florida law requires landlords to follow a strict eviction process—from notice to court—otherwise the eviction can be delayed or dismissed.
Use the Right Notice: Different situations call for different notices.
Tenants May Fight Back: Tenants can present legal defenses like discrimination, improper notice, or uninhabitable conditions—so proper documentation is key.
Evictions End with a Sheriff’s Removal: If the court rules in your favor, a Writ of Possession gives the tenant 24 hours to vacate before the sheriff can lawfully remove them.
Evicting a tenant is never a pleasant experience, but sometimes it's a necessary step to protect your rental property and investment.
Whether you're dealing with non-payment of rent or security deposits, lease violations, or a refusal to vacate after the lease ends, understanding the legal eviction process in Florida is essential.
The rules in Florida are specific, and failing to follow them correctly can delay the process—or even lead to your case being dismissed.
In this blog from Gulf Income Properties, we’ll walk you through all the key steps of the Florida eviction process.
The Eviction Process in Florida
From start to finish, a typical eviction in Florida can take anywhere from 2 to 3 weeks. However, this timeline may extend depending on the reason for the eviction and whether the tenant mounts a legal defense in court.
It’s crucial to follow Florida’s legal procedures carefully for all landlord-tenant laws. Even small mistakes—intentional or not—can delay the process or cause it to fail entirely.
With that in mind, here’s a breakdown of the key steps in the Florida eviction process.
Step 1: Notice for Lease Termination with Legal Cause
To begin the eviction process in Florida, a landlord must have legal cause.
Common reasons include:
Failure to pay rent after it becomes due
Staying in the property after the lease has ended
Violating a term of the lease agreement
Engaging in illegal activity on the property
Once you have legal grounds, you’ll need to serve the tenant with an appropriate eviction notice.
Step 2: Serving an Eviction Notice
Florida law requires landlords to serve eviction notices using one of the following methods:
Hand-deliver the notice to the tenant
Leave the notice in a visible location on the property (e.g., taped to the front door)
Send the notice via mail to the tenant’s address
Failing to serve the notice correctly can provide the tenant with a legal defense and delay the eviction process.
Step 3: Tenant Eviction Defenses in Florida
Tenants have the right to contest an eviction. Common legal defenses include:
The landlord used illegal “self-help” tactics, such as changing the locks or shutting off utilities
The tenant cured the violation during the notice period, but the landlord filed anyway
The eviction is based on discrimination against a protected class (race, religion, nationality, etc.)
The tenant did not commit the alleged lease violation
The property was not maintained in a habitable condition, justifying rent withholding
The eviction notice contained substantial legal errors
If a tenant successfully proves any of these defenses in court, the eviction process may be halted and you may have to restart from the beginning.
Step 4: Attending the Court Hearing
If the case goes to court, landlords should come prepared with:
A signed copy of the lease
A copy of the eviction notice
A record of rent payments and lease violations
Any communication with the tenant regarding the issue
A copy of the filed complaint
If the judge rules in your favor, the court will issue a Writ of Possession.
Step 5: Enforcing the Writ of Possession
The Writ of Possession gives the tenant 24 hours to vacate the property. If they don’t leave within that time, the county sheriff will return to the property and forcibly remove the tenant.
Types of Eviction Notices in Florida
There are many different types of notices, knowing the differences are crucial.
3-Day Notice to Quit: Use this if the tenant is behind on rent. It gives them 3 business days (excluding weekends and holidays) to either pay the full amount or move out.
Note: If the lease includes a grace period, the notice should be served the day after the grace period ends.
30-Day Notice to Vacate: This notice applies when evicting a tenant without a lease or one on a month-to-month agreement. The tenant has 30 days to leave, with no option to cure or remain.
7-Day Notice to Cure or Vacate: This is for correctable lease violations (e.g., damaging property, unauthorized guests, or failure to allow access). Tenants have 7 days to fix the issue or vacate.
7-Day Notice to Quit: Used when the tenant repeats the same violation within 12 months or commits a serious, non-curable violation. This notice does not offer an opportunity to fix the issue.
7-Day Notice to Vacate: This is for tenants who have caused excessive damage or repeatedly broken lease terms. It terminates the lease without an option to remedy.
Bottom Line
Evicting a tenant in Florida requires strict compliance with the legal process.
Attempting to remove a tenant through improper or informal means—such as locking them out or shutting off utilities—won’t just delay the process; it could also expose you to legal liability.
By following the correct steps, you can protect your rights as a landlord while avoiding costly mistakes.
Whether you’re dealing with non-payment, lease violations, or holdovers, a clear understanding of Florida’s eviction laws is essential to resolving the situation efficiently and lawfully.
At Gulf Income Properties, we specialize in helping Sarasota and Manatee County property owners navigate the complexities of rental management—from tenant screening to lease enforcement and, when necessary, legal evictions.
Our team is here to minimize your stress, safeguard your investment, and maximize your rental income. Contact us today to learn more about how we can help you manage your property with confidence.
