The Eviction Process in Florida: Step by Step

Florida's eviction process is faster than in many states, but it's still a formal court process with specific steps, and skipping any of them can force a landlord to start over. There's no shortcut around it, regardless of how far behind on rent a tenant is.

Step one: the notice

Before filing anything in court, a landlord must give the tenant written notice. For nonpayment of rent, Florida requires a 3-business-day notice (excluding weekends and legal holidays) giving the tenant a chance to pay in full or move out. For lease violations other than nonpayment, the required notice period depends on whether the violation is curable — generally 7 days to fix it, or 7 days to vacate if it isn't the kind of problem that can be fixed.

Step two: filing the eviction lawsuit

If the notice period passes without payment or resolution, the landlord files an eviction lawsuit (technically an action for possession) in county court. The tenant is served and generally has 5 business days to respond in writing. If the case is for nonpayment, the tenant may be required to deposit the disputed rent into the court registry to contest the case at all — a requirement unique to nonpayment evictions.

Step three: judgment and the writ of possession

If the tenant doesn't respond in time, or the court rules for the landlord, the court issues a judgment for possession, followed by a writ of possession. The tenant then has 24 hours after the sheriff posts the writ to leave voluntarily before the sheriff can physically remove them and their belongings. Throughout this whole process, only the sheriff can execute the physical eviction — the landlord cannot do it directly.