Florida Eviction Process: Notices, Court Steps and Selling a Rented Home

Last updated November 14, 2026. Citations come from the Florida statutes and official agency pages linked in Sources. Where we could not confirm something on an official page, we say so.

A Florida landlord can end a tenancy for unpaid rent with a written 3-day notice that excludes weekends and legal holidays, and must go to county court to recover possession. Landlords cannot lock tenants out. This guide summarizes Chapter 83 as the Florida Statutes show it.

Notices

• If a tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday and legal holidays (court-observed only), after delivery of written demand for payment or possession, the landlord may terminate the rental agreement. (Fla. Stat. Sec. 83.56(3))
• For noncompliance a tenant should not be given a chance to cure (for example intentional destruction of property), the landlord may terminate and the tenant has 7 days from delivery of the notice to vacate. (Fla. Stat. Sec. 83.56(2)(a))
• For curable noncompliance (for example unauthorized pets, guests or vehicles), the landlord delivers a written notice giving 7 days from delivery to correct it, or the lease is deemed terminated; if the same conduct recurs within 12 months the tenancy is subject to termination without further warning. (Fla. Stat. Sec. 83.56(2)(b))
• Written notices may be delivered by mailing, delivering a true copy, e-mailing per s. 83.505, or, if the tenant is absent, leaving a copy at the residence; the notice requirements may not be waived in the rental agreement. (Fla. Stat. Sec. 83.56(4))
• A landlord who accepts partial rent after posting a nonpayment notice must give a receipt stating date, amount and balance, or place the partial rent in the court registry upon filing, or post a new 3-day notice. (Fla. Stat. Sec. 83.56(5)(a))

Court process

• To recover possession after termination, the landlord, attorney or agent files a complaint in the county court of the county where the premises are located; an agent who is not an attorney may only do the initial filing. The landlord is entitled to the summary procedure of s. 51.011. (Fla. Stat. Sec. 83.59(2))
• A landlord may recover possession only through an action for possession or other civil action determining the right of possession, on surrender, on abandonment, or when the last remaining tenant has died, property remains, rent is unpaid, at least 60 days have passed and no probate estate notice has been given. (Fla. Stat. Sec. 83.59(3))
• If the tenant raises any defense other than payment, the tenant must pay the accrued rent and rent accruing during the case into the court registry, or file a motion to determine rent, within 5 days (excluding Saturdays, Sundays and legal holidays) after service of process; failure is an absolute waiver of defenses other than payment and the landlord gets an immediate default judgment and writ of possession. (Fla. Stat. Sec. 83.60(2))

Ending tenancies and costs

• A tenancy without a specific term may be ended by written notice: year to year, not less than 60 days before the end of the annual period; quarter to quarter, 30 days; month to month, 30 days; week to week, 7 days. (Fla. Stat. Sec. 83.57(1)-(4))
• The prevailing party in a possession action is entitled to judgment for costs and execution. (Fla. Stat. Sec. 83.59(4))

What we could not confirm

• County court filing fees not confirmed.
• Sheriff writ of possession timing (24 hours notice, s. 83.62) not opened.
• Statute history shows s. 83.56 amended by ch. 2026-143; effective date and substance of that change were not verified.

How to sell a house in Florida when this applies to you

1. Find out what the title company needs. For an inherited or transferred house, that usually means the recorded document that shows who owns it today.
2. Get a payoff for any mortgage and the amount of any unpaid property tax. Both are paid from the sale proceeds at closing.
3. Compare offers on what you net after repairs, commissions and closing costs, not on the headline price.
4. If you want a fast, simple closing, ask for a written cash offer. We buy houses as-is, with no repairs and no agent commission. See how we buy houses in Florida.

Florida Eviction Process FAQ

How much notice does a Florida landlord give for unpaid rent?

A written notice demanding payment or possession within 3 days, excluding Saturday, Sunday and legal holidays (Sec. 83.56).

Where is an eviction filed?

In the county court of the county where the premises are located.

Can a landlord change the locks to remove a tenant?

No. Possession is recovered only through court action, surrender or abandonment (Sec. 83.59).

Can I sell my Florida house as-is?

Yes. A cash buyer purchases as-is, and the title company pays any mortgage and unpaid property tax from the proceeds at closing.

Sources

• Fla. Stat. Sec. 83.56(3)
• Fla. Stat. Sec. 83.59(2)
• Fla. Stat. Sec. 83.60(2)
• Fla. Stat. Sec. 83.57(1)-(4)

This guide is general information, not legal or tax advice. Laws, forms and fees change, so confirm details with the official office or a Florida Florida attorney or tax professional.