Florida evictions move fast, and the deadlines are counted in business days. This guide walks through an eviction for unpaid rent in a residential lease, the most common kind, from the first notice to the day the sheriff arrives.
At a glance
- Notice for unpaid rent
- 3 days, not counting weekends or court holidays [1]
- Notice for other violations
- 7 days [1]
- Tenant's time to answer
- 5 days after service, not counting weekends or court holidays [2][3]
- Rent deposit
- Required to raise defenses other than payment [3]
- Final notice
- 24 hours, posted by the sheriff [4]
- Court filing fee
- $180 [6]
An unpaid-rent eviction in Florida
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3-day notice to pay or leave 3 days, not counting weekends or court holidays
For unpaid rent, the landlord gives a written demand for the rent or possession. It can be mailed, handed over, emailed if the tenant agreed, or left at the home if the tenant is away. For other lease violations the notice is 7 days instead.
Fla. Stat. § 83.56(2)-(4)
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Landlord files in county court After the notice runs out
The landlord files an eviction complaint (filing fee $180, plus the cost of serving the tenant). The landlord can't change the locks, shut off utilities or remove belongings to force a tenant out.
Fla. Stat. § 34.041; § 83.67
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Tenant answers and deposits rent 5 days after being served, not counting weekends or court holidays
The tenant files a written answer. To raise any defense other than having paid, the tenant must also pay the rent claimed into the court registry, or ask the court to decide the amount owed.
Fla. Stat. § 51.011; § 83.60(2)
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Default or hearing Right after the 5 days, if no answer or deposit
If the tenant doesn't deposit the rent, the landlord is entitled to an immediate default judgment for possession. Otherwise the judge decides the case.
Fla. Stat. § 83.60(2)
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Writ of possession After judgment for the landlord
The clerk issues a writ to the sheriff.
Fla. Stat. § 83.62(1)
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24-hour notice, then removal 24 hours, weekends and holidays included
The sheriff posts the writ at the home. After 24 hours the landlord gets the property back.
Fla. Stat. § 83.62(1)
Step 1: the 3-day notice
When rent is late, the landlord delivers a written notice demanding the rent or the unit within 3 days. Saturdays, Sundays and court-observed holidays don’t count [1]. The notice can be mailed, handed to the tenant, emailed if the tenant agreed to email notices, or left at the home if the tenant isn’t there [1].
For problems other than rent, such as unauthorized pets or damage, the notice period is 7 days. Some violations can be fixed within that time; others, like intentional damage or a repeat of the same violation within 12 months, end the lease without a chance to fix [1].
Step 2: the court case
If the tenant doesn’t pay or leave, the landlord files a complaint for possession in county court. The filing fee is $180 [6], plus the cost of serving the tenant. Until a court rules, the tenant keeps the right to stay.
Step 3: 5 days to answer, and the rent deposit
Eviction cases use Florida’s summary procedure . A tenant who is served has 5 days to file a written answer, not counting weekends and court holidays [2][3].
There’s a second requirement that catches many tenants off guard. To raise any defense other than “I paid,” the tenant must also deposit the rent claimed in the complaint into the court registry, plus rent that comes due while the case is pending. If the tenant thinks the amount is wrong, they can instead file a motion within the same 5 days asking the court to decide it [3].
If the tenant doesn’t deposit the rent or file that motion, Florida law treats the defenses as waived, and the landlord is entitled to an immediate default judgment for possession [3].
Step 4: the writ of possession
Once the court rules for the landlord, the clerk issues a writ of possession to the sheriff [4]. The sheriff posts it on the property. After 24 hours, the landlord gets the property back. Weekends and holidays don’t stop that 24-hour clock [4].
If you’re a tenant
- Read the notice carefully and count the days yourself. Weekends and court holidays don’t count toward the 3 days.
- If you’re served with a complaint, file your answer within 5 days, and deposit the rent or file a motion to set the amount.
- Contact your local legal aid office as early as you can. Many help tenants for free.
If you’re a landlord
- Use the correct notice and count the days carefully. A notice with the wrong deadline can delay the case.
- Keep proof of how and when you delivered it.
- Don’t take matters into your own hands. Let the sheriff carry out the writ.
Sources
- Fla. Stat. § 83.56 (termination of rental agreement; 3-day and 7-day notices)
- Fla. Stat. § 51.011 (summary procedure; 5-day answer)
- Fla. Stat. § 83.60 (defenses; depositing rent into the court registry)
- Fla. Stat. § 83.62 (writ of possession)
- Fla. Stat. § 83.67 (prohibited practices by landlords)
- Fla. Stat. § 34.041 (filing fee for removal of tenant)
Common questions
How long does a tenant have after a 3-day notice in Florida?
Three days to pay or move out, not counting Saturdays, Sundays or court holidays. If the rent isn't paid, the landlord can then file an eviction case.
How long do I have to answer an eviction lawsuit in Florida?
Five days after you're served, not counting weekends and court holidays. To raise any defense other than having paid, you must also deposit the rent claimed with the court clerk, or ask the court to decide how much is owed.
Can a Florida landlord change the locks or shut off the power?
No. Only the sheriff can remove a tenant, after a court judgment. A landlord who locks a tenant out or cuts utilities can owe actual damages or three months' rent, whichever is more, plus costs and attorney fees.