How to Evict a Tenant in Florida: Step-by-Step Legal Guide for Landlords
Evicting a tenant is never fun—but sometimes, it's necessary to protect your property and your investment. Whether it’s unpaid rent, repeated lease violations, or damage to the rental, Florida law gives landlords specific steps to follow for a legal eviction. In this simple guide, we’ll walk you through how to evict a tenant in Florida, step by step.
Why Evictions Happen in Florida
Tenants can be evicted in Florida for a few common reasons:
Nonpayment of rent
Violation of lease terms (like unauthorized pets or noise complaints)
Damage to property
Staying past the end of the lease
If you run into these issues, don’t try to remove the tenant yourself. Florida law requires a formal process to avoid legal trouble.
Step-by-Step Florida Eviction Process for Landlords
Step 1: Serve a Written Notice to the Tenant
Types of Eviction Notices in Florida:
3-Day Notice to Pay Rent or Quit – For unpaid rent.
7-Day Notice to Cure or Vacate – For lease violations that can be fixed (e.g., loud music).
7-Day Unconditional Quit Notice – For severe violations (e.g., criminal activity).
15-Day Notice to Terminate – For ending a month-to-month lease (must be delivered before the end of the month).
Tip: Always keep a copy of the notice and proof of delivery.
Step 2: File an Eviction Lawsuit (Complaint for Eviction)
If the tenant doesn’t comply with your notice, the next step is filing a Complaint for Eviction at your county courthouse.
You’ll need:
The original lease
A copy of the notice
Proof of service
Filing fee (usually around $185–$300 depending on the county)
Once filed, the court will send a Summons to the tenant.
Step 3: Wait for the Tenant’s Response
The tenant has 5 business days to file an answer with the court. If they don’t respond, you can request a default judgment and proceed.
Step 4: Court Hearing and Judgment
If the tenant contests the eviction, a hearing will be scheduled. The judge will review your evidence (lease, payment history, notices, etc.) and make a decision.
If you win, you’ll get a Final Judgment of Eviction.
Step 5: Writ of Possession and Sheriff Removal
The court will issue a Writ of Possession, which is handed to the local sheriff. The sheriff will then give the tenant 24 hours to move out. If they don’t leave, the sheriff can forcibly remove them.
What Landlords Can’t Do During an Eviction
Avoid these illegal actions:
Changing locks without a court order
Shutting off utilities
Removing the tenant’s belongings yourself
Harassing or threatening the tenant
These actions can delay the process or even get you sued.
How Long Does It Take to Evict Someone in Florida?
On average, the eviction process takes:
15 to 30 days if uncontested
4 to 8 weeks if the tenant fights it in court
How Much Does It Cost to Evict a Tenant in Florida?
Eviction costs include:
Court filing fees: $185–$300
Process server: $40–$100
Legal fees (optional attorney help)
Tips to Avoid Future Evictions
Screen tenants thoroughly – use background and credit checks
Create strong lease agreements – include clear rules
Hire a property manager – they handle notices, rent, and legal steps
Maintain open communication – catch problems early
FAQs About: Florida Eviction Process
What is the first step to evict a tenant in Florida?
You must serve the correct written notice, such as a 3-Day Notice to Pay Rent.
Can I evict a tenant without a lease?
Yes, but you must provide a 15-Day Notice to Terminate a month-to-month agreement.
Do I need a lawyer to evict a tenant in Florida?
Not always. Many landlords represent themselves, but legal advice is helpful in contested cases.
How long do tenants have to move out after the sheriff posts a notice?
Tenants have 24 hours after the Writ of Possession is posted.
FAQs About MainStreet Realty
Who is MainStreet Realty?
MainStreet Realty is a trusted name in property management and real estate across Central Florida, including Orlando, Kissimmee, St. Cloud, and DeLand.
Can MainStreet Realty help me handle evictions?
Yes! We handle notices, court filings, and sheriff coordination to help landlords stay compliant and stress-free.
Do you offer tenant screening and lease services?
Absolutely. We help you find quality renters and create strong leases to protect your investment.
Final Thoughts
Evictions in Florida must follow the law step by step. As a landlord, protecting your property starts with knowing your rights and handling the process professionally. If you're not sure where to start, MainStreet Realty can help make the process smooth and legal from day one.
Need help managing a tough tenant situation in Orlando or beyond?
Contact MainStreet Realty today or visit MainStreet.Rentals to learn more.
Email: [email protected]
Address: 2 Volusia Drive Debary, FL, 32713
Phone Number: Orlando: 407-789-0925 | Volusia: 386-259-2426 | Lake:352-729-1425
