The eviction process for landlords in Florida is governed primarily by the Florida Statutes, Chapter 83, Part II (the Florida Residential Landlord and Tenant Act). It is critical to follow these procedures exactly, as failure to use the correct notice or timeline can result in the case being dismissed.
Disclaimer: This information is for educational purposes and is not legal advice. Landlord-tenant laws can be complex, and it is strongly recommended that you consult with a qualified Florida attorney or your local County Clerk’s office before proceeding with an eviction.
The following steps are generally required to evict a tenant in Florida:
Step 1: Serve the Proper Written Notice to the Tenant
The first action is to legally terminate the tenancy by serving a written notice to the tenant. The type of notice required depends on the reason for the eviction.
| Reason for Eviction | Required Notice (Florida Statute § 83.56) | Key Details |
| Non-Payment of Rent | 3-Day Notice to Pay Rent or Vacate | Must be in writing. The 3 days exclude weekends and legal holidays. The notice must only demand the past-due rent and cannot include fees, late charges, or other costs. |
| Lease Violation (Curable) (e.g., unauthorized pet, parking violation, trash) | 7-Day Notice to Cure Non-Compliance | Gives the tenant 7 days to fix (cure) the violation. If they fix it, the lease continues. If the same conduct is repeated within 12 months, the landlord can issue a 7-day notice to terminate without an option to cure. |
| Lease Violation (Incurable) (e.g., willful destruction of property, criminal activity, repeated curable violations) | 7-Day Notice of Termination (No Cure) | The tenant is given 7 days to vacate, with no opportunity to correct the issue. |
| Termination of Month-to-Month Tenancy (No Cause) | 15-Day Notice of Termination | Requires a written notice delivered at least 15 days prior to the end of any monthly rental period. (If the tenancy is for a year or more without a lease, the notice period may be longer). |
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