Florida Eviction Process: 3-Day Notice to Judgment, Step by Step

Short answer: The Florida eviction process usually starts with a 3-day notice to pay rent (weekends and court holidays don’t count) under Fla. Stat. § 83.56(3), followed by a county court case on the summary procedure of § 51.011. You get just 5 business days after service to respond, and if you raise any defense other than payment you must also deposit the rent into the court registry under § 83.60(2), or you lose those defenses.

That registry rule is what sets Florida apart. In many states you can walk into the hearing and argue the notice was defective. In Florida, even a defective-notice argument is waived unless the money, or a motion asking the judge to set the amount, reaches the clerk on time. Everything below follows Part II of Chapter 83, the Florida Residential Landlord and Tenant Act.

Florida eviction process at a glance

Step 1: The notice that ends the tenancy

Nonpayment: the 3-day demand

If rent is late, your landlord may deliver a written demand for the rent or possession. Under § 83.56(3), the tenancy can be terminated only if the default continues for 3 days after delivery, not counting Saturday, Sunday or legal holidays, and the statute limits “legal holidays” to court-observed ones. The notice must follow a statutory form that names the amount owed, the address including county, and a specific deadline date.

Paying the full amount demanded inside those 3 days ends the problem. Partial payment is trickier. A landlord who accepts partial rent after posting the notice does not waive the right to evict, but under § 83.56(5)(a) must give you a receipt with the agreed balance and date, put that money in the court registry when filing, or post a fresh 3-day notice with the new amount. Keep every receipt.

Lease violations: two kinds of 7-day notice

For problems other than rent, § 83.56(2) splits violations into two groups. Curable ones, such as an unauthorized pet, guest or vehicle, or failing to keep the unit clean, get a notice giving you 7 days to correct the problem. If the same thing happens again within 12 months, the landlord can file without another warning.

Non-curable conduct, such as intentional damage to property or a repeated unreasonable disturbance, gets a notice that terminates the lease and gives you 7 days to leave. A second violation of a similar kind within 12 months of a written warning also falls into this group.

No-fault endings

Florida has no statewide just-cause rule. A month-to-month tenancy can be ended by either side with written notice at least 30 days before the end of a monthly period, and a week-to-week tenancy with 7 days’ notice, under § 83.57. If you stay past a lease’s end without permission, § 83.58 lets the landlord seek double rent for the holdover period, so don’t treat a missed move-out date casually.

How notices must be delivered

Under § 83.56(4), notice may be mailed, handed to you, emailed as provided in § 83.505, or left at the residence if you are absent. A lease clause cannot waive these notice requirements.

Step 2: The county court filing

Once the notice period runs out, the landlord files a complaint in the county court for the county where the unit is located, describing the unit and the facts that justify recovering it, under § 83.59(2). The same subsection gives the landlord the summary procedure of § 51.011 and tells the court to advance the case on its calendar. A non-attorney agent can file the complaint but cannot take any later step.

You are served with a summons and the complaint. If the process server can’t find you after two attempts at least 6 hours apart, § 48.183 allows posting a copy on the property, and the clerk then mails you a copy. Service by posting is effective on the later of the posting or the mailing, and at least 5 days must pass after service before a final removal judgment can be entered.

Step 3: Your 5-day response window

This is where most Florida tenants lose cases they could have contested. § 51.011(1) requires all defenses to be in an answer filed within 5 days after service. At the same time, § 83.60(2) says that if you raise any defense other than payment, you must pay into the court registry the rent alleged in the complaint plus rent that comes due while the case is pending.

If you don’t make that deposit, or file a motion to determine the rent with supporting documents, within 5 days excluding weekends and legal holidays, the statute treats it as an absolute waiver of every defense except payment. The landlord then gets a default judgment and a writ without a hearing. The clerk must tell you about this requirement in the summons, so read it the day you get it.

Defenses Florida law recognizes

• Payment or a defective notice. Payment is the one defense that doesn’t require a registry deposit. A notice with the wrong amount or deadline is a defense, but § 83.60(2) names it specifically as one that requires the deposit.
• Waiver by accepting rent. A landlord who accepts rent knowing about a violation waives the right to terminate for that violation, though not for a continuing one, under § 83.56(5)(a).
• Repairs. If you gave the landlord 7 days’ written notice of a material failure to maintain the unit and of your intent to withhold rent, § 83.60(1) lets you raise that failure as a defense to a nonpayment case.
• Retaliation. Under § 83.64, a landlord may not bring an eviction primarily to retaliate against a tenant who, acting in good faith, complained to a code agency, joined a tenant organization or complained to the landlord under § 83.56(1). Florida sets no presumption period, so you must show the motive.
• Discrimination. An eviction based on a protected class violates the Florida Fair Housing Act, § 760.23.

Step 4: Judgment and the 24-hour writ

If the court rules for the landlord in a rent case, § 83.625 directs it to award possession and also enter a money judgment for the unpaid rent and costs. The clerk then issues a writ of possession. Under § 83.62(1), the sheriff posts a 24-hour notice on the door and returns to put the landlord in possession once it expires. Saturdays, Sundays and holidays do not stop that clock.

Chapter 83 gives no statutory right to pay off the judgment and stay in a residential case once a writ issues. If you want to keep the home, the realistic window to pay is before the 3-day deadline, or by depositing rent and negotiating while the case is open.

Belongings left behind

When the sheriff executes the writ, § 83.62(2) lets the landlord move any personal property to or near the property line, and neither the sheriff nor the landlord is liable for loss or damage after that. Move valuables, documents and medicine before the 24 hours run out.

Appeals

A notice of appeal from a summary-procedure judgment must be filed and served within 30 days, under § 51.011(5), and a motion for new trial within 5 days of the judgment under § 51.011(4). Filing an appeal does not by itself stop the writ. Ask the county court clerk how to request a stay and what deposit the judge will require, because the sheriff can still act in the meantime.

Lockouts and utility shutoffs

A Florida landlord may not cut off water, heat, electricity, gas, garbage collection or similar services, change the locks, use a bootlock, or remove your belongings to force you out, under § 83.67. A violation makes the landlord liable for your actual and consequential damages or 3 months’ rent, whichever is greater, plus costs and attorney’s fees. Repeat violations that aren’t part of the first incident earn separate awards, and the statute treats a violation as irreparable harm for an emergency injunction. Outside a court case, § 83.59(3) lets the landlord retake the unit only if you surrendered or abandoned it.

How long the Florida eviction process takes

The statutes set the minimum gaps. Court scheduling, service delays and any hearing add time, so treat the right column as a range rather than a promise.

Worked example

Lena rents an apartment in Orlando for $1,650 a month. Rent due April 1, 2027 goes unpaid, and her landlord hands her a 3-day notice on Tuesday, April 6. Counting only weekdays, her deadline is Friday, April 9. She can’t pay, and the landlord files in Orange County Court on Monday, April 12. She is served on Wednesday, April 14.

Lena believes the notice overstated her balance by including a late fee. Under § 83.60(2) she must deposit the $1,650 alleged, or file a motion to determine rent with documents, within 5 weekdays: by Wednesday, April 21. If she does nothing, the landlord can get a default and a writ, and after the sheriff posts it, she has 24 hours, even across a weekend. If she deposits and answers, the court sets a hearing and she gets to make her argument.

Help programs, mediation and court records

Chapter 83 creates no statewide right to a lawyer in eviction cases and no mandatory pre-filing diversion program. It does contemplate court mediation: § 83.56(5)(b) bars the court from setting mediation or trial until the registry requirement is met. Free help is available through FloridaLawHelp.org, which lists legal aid offices by county. On court records, Chapter 83 contains no sealing provision for eviction files; see our eviction record sealing guide by state for how Florida compares.

Frequently Asked Questions

Do weekends count in a Florida 3-day eviction notice?

No. Section 83.56(3) excludes Saturdays, Sundays and court-observed legal holidays from the 3 days. A notice delivered on a Thursday therefore usually runs through the following Tuesday.

Can I argue my landlord’s notice was wrong without paying rent into court?

Not in Florida. Section 83.60(2) lists a defective 3-day notice as a defense that triggers the registry deposit. If you think the amount is wrong, file a motion to determine rent with documentation within the 5-day window instead of simply withholding.

How long do I have after the sheriff posts the writ?

Twenty-four hours. Section 83.62(1) says weekends and holidays do not extend it, so a writ posted Friday afternoon can be executed Saturday afternoon.

What can I recover if my landlord changes the locks?

At least 3 months’ rent, or your actual and consequential damages if they are higher, plus court costs and attorney’s fees under § 83.67(6). You can also ask the court for an injunction to get back in.

Is a month-to-month tenant in Florida protected from no-reason evictions?

No statewide just-cause rule exists. The landlord must give at least 30 days’ written notice before the end of a monthly period under § 83.57(3), and cannot use that notice to retaliate for good-faith complaints under § 83.64.

If you have been served, count 5 weekdays from the service date today, then gather your lease, receipts and the notice and contact a legal aid office through FloridaLawHelp.org or the LSC legal help finder. This guide explains the statutes and is not legal advice. For the money side of moving out, read our Florida security deposit law guide, and compare other states on the eviction process by state hub or the general overview of how the eviction process works. Tenants in Miami can also check Miami tenant rights.

Eviction cases are heard in local courts. Our Jacksonville, Miami and Tampa guides name the court that hears evictions in each city and where to get legal help.

Sources

• Fla. Stat. § 83.56, Termination of rental agreement
• Fla. Stat. § 83.57, Termination of tenancy without specific term
• Fla. Stat. § 83.58, Holding over
• Fla. Stat. § 83.59, Right of action for possession
• Fla. Stat. § 83.60, Defenses; registry deposit
• Fla. Stat. § 83.62, Restoration of possession
• Fla. Stat. § 83.625, Money judgment
• Fla. Stat. § 83.64, Retaliatory conduct
• Fla. Stat. § 83.67, Prohibited practices
• Fla. Stat. § 48.183, Service in actions for possession
• Fla. Stat. § 51.011, Summary procedure
• Fla. Stat. § 760.23, Fair Housing Act
• FloridaLawHelp.org
• Legal Services Corporation, Get Legal Help