How to Evict a Tenant in Florida: 3-Day and 7-Day Notices to Writ

To evict a tenant in Florida, deliver the right written notice: a 3-day notice to pay rent or deliver possession (weekends and court holidays don't count), or a 7-day notice for other lease violations. If the tenant doesn't pay, fix the problem or leave, file a complaint in the county court for the county where the unit is. After judgment, the clerk issues a writ, and the sheriff puts you in possession after posting 24 hours' notice. You can't lock the tenant out, shut off utilities or remove their belongings yourself.

This guide follows Florida Statutes part II of chapter 83, the Florida Residential Landlord and Tenant Act, as published for 2026. Since July 1, 2023, Florida has preempted local regulation of residential tenancies, including notice requirements, so these state rules apply statewide (Fla. Stat. § 83.425).

Step 1: Choose the notice

Sources: Fla. Stat. § 83.56(2)–(3) and § 83.57(3). Fraudulent entry (a rental obtained with a false identity, forged documents or impersonation) was added as an incurable violation effective October 1, 2026.

The statute gives the wording for each notice "in substantially the following form." The 3-day notice must state the amount owed for rent, the property address including the county, the deadline date, and your name, address and phone number. The Florida eviction laws page summarizes both notices with the statute links.

Counting the 3 days

Skip Saturdays, Sundays and court-observed legal holidays. A notice delivered on a Thursday gives the tenant Friday, Monday and Tuesday; you can file on Wednesday. Count carefully: a notice that gives too few days can sink the case.

Step 2: Deliver it the way the statute allows

Florida allows these methods (§ 83.56(4)):

• Mailing it
• Handing the tenant a true copy
• E-mail, as allowed by § 83.505
• If the tenant is away from the unit, leaving a copy at the residence

The lease can't waive these notice requirements. Keep a copy of the notice and write down the date, time and method of delivery.

Step 3: Be careful about accepting rent

If you accept rent knowing about a violation, you waive the right to evict for that violation (though not for a later or continuing one). Accepting partial rent doesn't waive your rights, but once you've posted a 3-day notice you must do one of the following before filing (§ 83.56(5)(a)):

1. Give the tenant a receipt stating the date and amount received and the agreed date and balance still due
2. Deposit the partial payment in the court registry when you file
3. Post a new 3-day notice for the new amount

A rent receipt with those details covers option 1. See rent receipts: what to include for more.

Step 4: File in county court

File a complaint in the county court of the county where the unit is located. The complaint describes the unit and the facts that give you the right to possession (§ 83.59(2)). Eviction cases use the summary procedure in § 51.011, and the court must move them up on its calendar.

You may file yourself, or through an attorney. A non-attorney agent can file the initial complaint for you but can't take any further step in the case.

Attach or bring:

• The lease
• The notice and your record of delivery
• A rent ledger, if rent is the issue
• Evidence of the violation, if it's not

Step 5: The tenant's response and the rent deposit

A tenant who wants to defend the case must meet the requirements of § 83.60(2). If the tenant doesn't, the court must enter a default judgment for removal with a writ of possession to issue immediately, and it can't set mediation or trial until the tenant complies (§ 83.56(5)(b)). Read § 83.60 or ask the clerk what the tenant must do and by when in your case.

Step 6: Judgment and writ of possession

After judgment for you, the clerk issues a writ to the sheriff. The sheriff puts you in possession after posting 24 hours' notice on the premises, and weekends and holidays don't pause that 24 hours (§ 83.62(1)).

When the writ is executed, or after, you may move personal property left in the unit to or near the property line. You can ask the sheriff to stand by while you change the locks and remove property; the sheriff may charge an hourly rate for that (§ 83.62(2)).

When you can take possession without a lawsuit

Only in the situations § 83.59(3) lists:

• The tenant surrendered the unit to you
• The tenant abandoned it. Without actual knowledge, abandonment is presumed if the tenant has been gone for half the rental period (about half a month on a monthly lease), unless rent is current or the tenant told you in writing about the absence.
• The last remaining tenant died, rent is unpaid, at least 60 days have passed and you haven't been notified of a probate estate or personal representative (not for certain federal housing programs)

Self-help is expensive in Florida

You may not (Fla. Stat. § 83.67):

• Cut off or interrupt utilities, even ones you pay for
• Change the locks or use a boot lock to keep the tenant out
• Remove doors, locks, roof, walls or windows except for maintenance or repair
• Remove the tenant's belongings except after surrender, abandonment or a lawful eviction

A violation makes you liable for actual and consequential damages or three months' rent, whichever is greater, plus costs and attorney's fees, and each later violation can bring a separate award.

Late fees and rent before you start

Florida requires no grace period before a late fee and sets no numeric cap, but the fee must be in the lease and a court can refuse to enforce an unconscionable one. See the Florida late fee page and the late fee calculator. A friendly late rent notice a day or two after the due date often avoids the 3-day notice entirely.

For the rest of Florida's rules, see Florida landlord-tenant law, landlord responsibilities by state and the Florida lease agreement page. To compare notice types across states, read eviction notice types explained. For a state-neutral overview of the process, see how to evict a tenant.

Sources

Official sources cited above (checked 2026-10-28):

• Fla. Stat. § 83.56, termination of rental agreement
• Fla. Stat. § 83.57, termination of tenancy without specific term
• Fla. Stat. § 83.59, right of action for possession
• Fla. Stat. § 83.62, restoration of possession to landlord
• Fla. Stat. § 83.67, prohibited practices
• Fla. Stat. § 83.425, preemption
• Florida Senate, CS/HB 1293 (2026), ch. 2026-143
• FDACS, Landlord/Tenant Law in Florida