Florida eviction law

If rent is unpaid, deliver a written 3-day notice demanding the rent or possession. The 3 days exclude Saturdays, Sundays and court-observed legal holidays. If the rent is still unpaid, you may end the rental agreement.

Fla. Stat. § 83.56(3)

• The notice must be in substantially the statutory form, with the amount owed, the full address including the county, the pay-by date, and your name, address and phone number. Fla. Stat. § 83.56(3)
• Deliver it by mail, by handing over a true copy, by e-mail under a signed e-mail addendum, or, if the tenant is absent, by leaving a copy at the home. The lease cannot waive these notice rules. Fla. Stat. § 83.56(4) Fla. Stat. § 83.505(1)
• Accepting partial rent does not waive your right to terminate. But if you accept partial rent after posting the notice, you must give a dated receipt with the balance and agreed due date, deposit the partial rent in the court registry when you file, or post a new 3-day notice. Fla. Stat. § 83.56(5)(a)

For a violation you can give the tenant a chance to fix, such as unauthorized pets, guests or vehicles, deliver a written notice giving 7 days to cure. For a violation that should not get a chance to cure, such as intentional damage, a repeated unreasonable disturbance, or getting into the unit by fraud (a knowingly false identity statement on the application, forged documents such as a fake ID, bank statement or paystub, or impersonation), whether or not criminal charges are brought, deliver a written notice ending the lease and giving 7 days to move out.

Fla. Stat. § 83.56(2) Fla. Stat. § 817.537(2)

• Both notices must be in substantially the statutory form. Fla. Stat. § 83.56(2)(a), (b)
• If the same or similar conduct recurs within 12 months after a cure notice, you may file an eviction without another notice. A repeat within 12 months of a written warning can also be treated as non-curable. Fla. Stat. § 83.56(2)(a), (b)
• Accepting rent knowing of a violation waives the right to terminate for that violation, but not for later or continuing ones. Accepting the government rent subsidy portion does not waive it, but the right is still waived if you do not file an action within 45 days after you learn of the violation. Fla. Stat. § 83.56(5)(a) and (c)

After ending the rental agreement with the proper notice, file a complaint for possession in the county court of the county where the unit is. The case uses the summary procedure, in which the tenant's answer is due within 5 days after service, not counting Saturdays, Sundays and legal holidays. A landlord's agent who is not a lawyer may do nothing beyond filing the initial complaint.

Fla. Stat. § 83.59(2) Fla. Stat. § 51.011(1) Fla. R. Gen. Prac. & Jud. Admin. 2.514(a)(2)

• The possession complaint must describe the home and state the facts supporting recovery. Before filing, gather the lease, notice, proof of notice delivery, rent records and relevant communications. Florida Courts links to landlord-tenant forms and DIY resources. Confirm the current complaint, summons, local filing fee and any additional requirements with the county clerk; this page has not reviewed a local packet or fee schedule. Fla. Stat. § 83.59 Florida Courts, landlord-tenant resources
• Service of the court summons and complaint is separate from delivery of a tenancy notice. Use the sheriff or an authorized special or certified process server under section 48.021. The server's signed return must record when the papers were received and served, the service method, the person served and the documents delivered. Do not assume a lease's e-mail notice addendum authorizes service of court process. Fla. Stat. § 48.021 Fla. Stat. § 48.21
• Section 48.183 permits posting for a possession action only under its conditions, including at least two unsuccessful service attempts at least six hours apart. If posting is anticipated, give the clerk the additional complaint copy and a prestamped envelope addressed to the tenant at the home. The clerk mails the summons and complaint; service takes effect on the later posting or mailing date, and at least five days must pass before final removal judgment. Follow the authorized server and court's instructions rather than posting a summons yourself. Fla. Stat. § 48.183
• The current residential eviction summons uses the five-day response period excluding Saturdays, Sundays and legal holidays, and explains the answer and rent-registry steps. A claim for unpaid rent or other damages has separate summons instructions: Form 1.923(b) specifies twenty days for written defenses to that claim. Identify each claim and read the issued summons; do not use the possession deadline as the deadline for every money claim. Fla. R. Civ. P. Forms 1.923(a), (b) Fla. Stat. § 51.011 Fla. Stat. § 83.60
• The court advances a possession case on its calendar under the summary procedure. Defensive motions are heard before trial. In a case governed by the rent-registry requirements, section 83.56(5)(b) bars setting mediation or trial until section 83.60(2) is satisfied; failure to comply can lead to the specified default process. Follow the actual court notices and orders. Filing the complaint does not establish a universal hearing date or a guaranteed three-to-four-week completion time. Fla. Stat. § 83.59 Fla. Stat. § 51.011 Fla. Stat. § 83.56 Fla. Stat. § 83.60
• If the tenant raises any defense other than payment, the tenant must, within 5 days after service (excluding Saturdays, Sundays and legal holidays), either pay the rent alleged into the court registry or file a motion, with supporting documentation, to determine the rent to be paid, and must keep paying rent into the registry as it comes due. If the tenant does neither, you are entitled to an immediate default judgment for possession. Public housing tenants and tenants receiving rent subsidies deposit only the portion of rent for which they are responsible under their program. Fla. Stat. § 83.60(2)
• After judgment, the sheriff puts you in possession after posting 24 hours' notice on the premises. Weekends and holidays do not stop that clock. Fla. Stat. § 83.62(1)
• In a nonpayment case the court also enters a money judgment for unpaid rent, but only if the tenant was personally served or served another way the law allows. Fla. Stat. § 83.625
• The winning party may recover reasonable attorney fees and court costs. The lease cannot waive this right. Fla. Stat. § 83.48
• A separate sheriff's removal process covers people who unlawfully entered and are not current or former tenants under a rental agreement the owner authorized, once the owner has told them to leave. Fla. Stat. § 82.036(2)

You may not cut off or interrupt any utility service, even one you pay for, and may not keep the tenant out by changing locks or using a bootlock or similar device. You may not remove doors, locks, the roof, walls or windows except for maintenance, repair or replacement.

Fla. Stat. § 83.67(1), (2), (5)

• A landlord who violates these rules owes the tenant actual and consequential damages or 3 months' rent, whichever is greater, plus costs and attorney's fees. Each later, separate violation brings a separate award. Fla. Stat. § 83.67(6)
• A violation counts as irreparable harm, so a court can order it stopped. Fla. Stat. § 83.67(7)
• The only lawful ways to regain possession are a court action, surrender, abandonment, or the death of the last tenant under the statutory conditions. Fla. Stat. § 83.59(3)

You may remove a tenant's belongings only after surrender, abandonment, a lawful eviction, or recovery of possession after the death of the last tenant. For property left after the tenancy ends, the Disposition of Personal Property Landlord and Tenant Act lets you give written notice describing it and a claim date at least 10 days after personal delivery or 15 days after mailing.

Fla. Stat. § 83.67(5) Fla. Stat. § 715.104

• Without actual knowledge, a unit is presumed abandoned when the tenant has been absent for half a rent period, unless rent is current or the tenant gave written notice of the absence. Fla. Stat. § 83.59(3)(c)
• Leave the property in the unit or store it with reasonable care until it is claimed or disposed of. Fla. Stat. § 715.107
• If unclaimed property is worth less than $500, you may keep or dispose of it. Otherwise sell it at a public sale advertised once a week for 2 weeks, and pay any unclaimed balance to the county within 30 days after the sale. Fla. Stat. § 715.109(1), (2), (4)
• A lease may excuse you from these steps only with the statutory legend in capital letters. Fla. Stat. § 83.67(5)
• After a writ of possession is executed, you may move the property to or near the property line. Fla. Stat. § 83.62(2)

You may not discriminatorily raise rent, cut services, or bring or threaten an eviction or other suit primarily to retaliate against a tenant who acted in good faith. Protected acts include complaining to a code agency, joining a tenant organization, complaining to you under 83.56(1), ending a lease as a servicemember, paying rent to an association after its demand, and exercising fair housing rights.

Fla. Stat. § 83.64(1)

• The tenant can raise retaliation as a defense to an eviction. Fla. Stat. § 83.64(2) Fla. Stat. § 83.60(1)(a)
• The rule does not apply if you prove the eviction is for good cause, such as good faith nonpayment, lease violation or rule violation cases. Fla. Stat. § 83.64(3)
• Retaliation requires discrimination: the tenant is treated differently as to rent, services or the action taken. Fla. Stat. § 83.64(4)