Florida requires eviction / removal of tenant (residential) in county court in the county where the dwelling is located. For nonpayment, landlords must give a 3-day (excluding weekends and legal holidays) written notice to pay or vacate under § 83.56(3). Seven-day notices apply to curable and incurable lease violations, with details required by statute. That is what separates Florida how eviction works from a generic national summary. Read Fla. Stat. §§ 83.56, 83.59 to 83.625 before the background sections below. After notice expires, the landlord files a complaint for eviction and serves a summons. Tenants must often deposit disputed rent into the court registry to raise certain defenses. Judgment for possession leads to a writ of possession executed by the sheriff, typically within about 24 hours after posting.
Notice requirements before filing
For nonpayment, landlords must give a 3-day (excluding weekends and legal holidays) written notice to pay or vacate under § 83.56(3). Seven-day notices apply to curable and incurable lease violations, with details required by statute.
A defective notice is one of the most common reasons an eviction is dismissed without prejudice. Landlords should match the notice form and timing to the ground for eviction (nonpayment vs. cureable breach vs. no-cause termination where allowed). Tenants should keep the envelope, text, email, and posting photos.
Where the case is filed
Eviction actions in Florida are filed in county court in the county where the dwelling is located. Service must follow Florida rules — personal service, substitute service, or posting/mailing combinations as authorized. Improper service can void a default judgment.
Hearing, judgment, and writ of possession
After service, the tenant usually has a short window to answer. At hearing the landlord must prove the landlord-tenant relationship, the ground for eviction, proper notice, and (for nonpayment) the rent due. If the landlord prevails, the court issues a judgment for possession and, after any statutory waiting period, a writ of possession executed by the sheriff or constable — not by the landlord personally.
A concrete Florida scenario
Here is one way the Florida pieces fit together. Change any fact and the statute may point somewhere else.
A residential landlord in Florida wants possession after unpaid rent and cannot use a lockout.
- Give the notice Florida actually requires: For nonpayment, landlords must give a 3-day (excluding weekends and legal holidays) written notice to pay or vacate under § 83.56(3). Seven-day notices apply to curable and incurable lease violations, with details required by statute.
- File eviction / removal of tenant (residential) in county court in the county where the dwelling is located under Fla. Stat. §§ 83.56, 83.59 to 83.625.
- Prove the tenancy, the ground, and proper notice. Tenant defenses include: Common defenses include improper notice, landlord noncompliance with habitability obligations, retaliatory conduct, and discrimination; deposit rules can limit which defenses are heard if rent is unpaid.
- If the landlord prevails, possession is enforced by writ — Florida prohibits self-help lockouts and utility shutoffs; landlords must obtain a writ of possession.
After notice expires, the landlord files a complaint for eviction and serves a summons. Tenants must often deposit disputed rent into the court registry to raise certain defenses. Judgment for possession leads to a writ of possession executed by the sheriff, typically within about 24 hours after posting.
Tenant defenses in Florida
Common defenses include improper notice, landlord noncompliance with habitability obligations, retaliatory conduct, and discrimination; deposit rules can limit which defenses are heard if rent is unpaid.
Habitability, retaliation, and discrimination defenses can convert a simple nonpayment case into a longer civil action. Tenants asserting habitability should document repair requests; landlords facing those defenses should document inspections and cure efforts.
Self-help is not a shortcut
Florida prohibits self-help lockouts and utility shutoffs; landlords must obtain a writ of possession.
Illegal lockouts can expose landlords to statutory damages, attorney's fees, and even criminal penalties in some jurisdictions. The lawful path is notice → eviction / removal of tenant (residential) → writ.
Practical tips
- Calendar every notice and answer deadline; eviction timelines are intentionally short.
- Bring the lease, ledger, notices, and proof of service to the first hearing.
- Search Florida opinions for “eviction / removal of tenant (residential)”, “writ of possession”, and “notice to quit” on LawDiver before a contested trial.
- Subsidized, mobile-home, and hotel-to-housing arrangements may follow different notice statutes — verify the housing type.
Case law: eviction and landlord-tenant in Florida
Pro-Art Dental Lab, Inc. v. V-Strategic Group, LLC
Pro-Art Dental Lab, Inc. v. V-Strategic Group, LLC, 33 Fla. L. Weekly Supp. 503 (2008)
…a. Stat. (2006); see also §§ 66.021 (ejectment), 82.04-.05 (unlawful detainer), 83.20-.21(tenant removal or eviction), Fla. Stat. (2006); Fla. R. Civ. P. Forms 1.940 (ejectment complaint), 1.938 (unlawful-detainer complaint), 1.947 (eviction complaint); Bailey v. Bailey, 114 So.2d 804, 805 (Fla. 1st DCA 1959) (outlining the elements of an ejectment claim); Partridge v. Partridg…
Florida opinions such as Pro-Art Dental Lab, Inc. v. V-Strategic Group, LLC are cited where eviction / landlord-tenant is disputed. The court stated: "Stat. (2006); see also §§ 66.021 (ejectment), 82.04-.05 (unlawful detainer), 83.20-.21(tenant removal or eviction), Fla. Stat. (2006); Fla. R. Civ. P. Forms 1.940 (ejectment complaint), 1.938 (unlawful-detainer complaint), 1.947 (eviction complaint); Bailey v. Bailey, 114 So." That is the language to brief; the rest of the decision supplies the procedural posture.
Tollius v. Dutch Inns of America, Inc.
Tollius v. Dutch Inns of America, Inc., 244 So. 2d 467 (1970)
…ept any further rent and, on May 17, 1968, Tollius filed an unlawful detainer action in the civil court of record. On the same day, Weinkle and Kessler, et al., filed a suit in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, seeking a declaration of rights under the lease. Subsequently, a temporary injunction was issued in the circuit court s…
Tollius v. Dutch Inns of America, Inc. is worth reading on Florida eviction / landlord-tenant because the court put the point in its own words: "May 17, 1968, Tollius filed an unlawful detainer action in the civil court of record. On the same day, Weinkle and Kessler, et al., filed a suit in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, seeking a declaration of rights under the lease." Use that passage as the starting point, then read the facts that precede it.
Nevins Drug Co. v. Bunch
Nevins Drug Co. v. Bunch, 1953 Fla. LEXIS 1104 (1953)
…lessor elected to terminate the lease, brought an action of unlawful detainer, and took judgment for possession. Thereupon the lessee filed his bill of complaint for relief against the forfeiture. The appellate court, in holding that he was entitled to such relief, among other things, said that in `the statutory action of unlawful detainer the right of possession alone is invol…
Florida opinions such as Nevins Drug Co. v. Bunch are cited where eviction / landlord-tenant is disputed. The court stated: "Thereupon the lessee filed his bill of complaint for relief against the forfeiture." That is the language to brief; the rest of the decision supplies the procedural posture.
Wilkins v. Tebbetts
Wilkins v. Tebbetts, 216 So. 2d 477 (1968)
…complaint in the Civil Court of Record against Wilkins for unlawful detainer. Wilkins answered, alleging in pertinent part that the sole reason for the attempted eviction was to retaliate, punish, and harass him for having reported to the Miami Fire Department that the electrical system in his apartment was outmoded, inadequate, and dangerous. Wilkins claims that the Fire Depa…
On eviction / landlord-tenant, Wilkins v. Tebbetts speaks to the Florida dispute in this passage: "Civil Court of Record against Wilkins for unlawful detainer." The surrounding opinion shows how the court applied that language to the record.
STATE of Florida ex rel. Ike ATTIAS, Relator v. The Honorable John R. BLANTON, Leland B. Featherstone, Boyce F
…ave original jurisdiction of actions of forceable entry and unlawful detainer, and of such other matters as the legislature may provide.” The action in the civil court of record was not one for forcible entry or unlawful detainer, the procedure for which is outlined in Chapter 82, Fla.Stat., F.S.A., but was an action for removal of tenant as provided for under Chapter 83, relat…
Florida opinions such as STATE of Florida ex rel. Ike ATTIAS, Relator v. The Honorable John R. BLANTON, Leland B. Featherstone, Boyce F are cited where eviction / landlord-tenant is disputed. The court stated: "The action in the civil court of record was not one for forcible entry or unlawful detainer, the procedure for which is outlined in Chapter 82, Fla.Stat., F.S.A." That is the language to brief; the rest of the decision supplies the procedural posture.
The BABSDON COMPANY, a Michigan corporation authorized to do business in the State of Florida v. THRIFTY PARKING
…gainst appellant and Thrifty seeking a declaration that the unlawful detainer judgment constituted an election by the appellant to retake possession for its own benefit which terminated the leases from appellant to Thrifty and Thrifty to Southland. South-land also sought a declaration that appellant should return the security deposit to Thrifty which should, in turn, return Sou…
Florida opinions such as The BABSDON COMPANY, a Michigan corporation authorized to do business in the State of Florida v. THRIFTY PARKING are cited where eviction / landlord-tenant is disputed. The court stated: "Thrifty seeking a declaration that the unlawful detainer judgment constituted an election by the appellant to retake possession for its own benefit which terminated the leases from appellant to Thrifty and Thrifty to Southland." That is the language to brief; the rest of the decision supplies the procedural posture.
Gonzalez v. Benoit
Gonzalez v. Benoit, 424 So. 2d 957 (1983)
…except as provided in s. 26.012. Formerly, the actions for unlawful detainer and forcible entry were adequate remedies to return a tenant to possession and these actions were properly brought in the county court. However, by Chapter 73-330, Section 13, Laws of Florida, as codified in Sections 82.02, 82.04, and 82.081(2), Florida Statutes (1973), these remedies are no longer av…
Florida opinions such as Gonzalez v. Benoit are cited where eviction / landlord-tenant is disputed. The court stated: "Formerly, the actions for unlawful detainer and forcible entry were adequate remedies to return a tenant to possession and these actions were properly brought in the county court. However, by Chapter 73-330, Section 13, Laws of Florida, as codified in Sections 82.02, 82.04, and 82." That is the language to brief; the rest of the decision supplies the procedural posture.
Harry R. Hewitt, County Judge, Plaintiff in Error, v. the State of Florida Ex Rel. J. Albert Robbins, Defendant in Error
…rig *809 inal jurisdiction of actions of forcible entry and unlawful detainer.” Section 11, Article V. Section 5409 (3545) Compiled General Laws provides that in unlawful detention proceedings: “The person in possession of said premises, or any person claiming possession thereof, at or before the time appointed in said summons, may file motion to quash the same, or may file an…
Harry R. Hewitt, County Judge, Plaintiff in Error, v. the State of Florida Ex Rel. J. Albert Robbins, Defendant in Error is worth reading on Florida eviction / landlord-tenant because the court put the point in its own words: "rig *809 inal jurisdiction of actions of forcible entry and unlawful detainer.” Section 11, Article V. Section 5409 (3545) Compiled General Laws provides that in unlawful detention proceedings: “The person in possession of said premises, or any person claiming possession thereof," Use that passage as the starting point, then read the facts that precede it.
Key takeaways
- Process name: eviction / removal of tenant (residential).
- Primary authority: Fla. Stat. §§ 83.56, 83.59 to 83.625.
- Filing forum: county court in the county where the dwelling is located.
- Notice: For nonpayment, landlords must give a 3-day (excluding weekends and legal holidays) written notice to pay or vacate under § 83.
- Self-help lockouts: Florida prohibits self-help lockouts and utility shutoffs; landlords must obtain a writ of possession.
The Florida eviction / eviction / removal of tenant (residential) framework
After notice expires, the landlord files a complaint for eviction and serves a summons. Tenants must often deposit disputed rent into the court registry to raise certain defenses. Judgment for possession leads to a writ of possession executed by the sheriff, typically within about 24 hours after posting.
Exact deadlines vary by county practice, service method, and whether the tenant answers. Commercial leases and subsidized housing can add federal or program-specific rules on top of Florida law.
Frequently asked questions
How does eviction work in Florida?
Florida uses eviction / removal of tenant (residential) under Fla. Stat. §§ 83.56, 83.59 to 83.625. After notice expires, the landlord files a complaint for eviction and serves a summons.
How much notice does a landlord have to give?
For nonpayment, landlords must give a 3-day (excluding weekends and legal holidays) written notice to pay or vacate under § 83.56(3). Seven-day notices apply to curable and incurable lease violations, with details required by statute.
Can a landlord change the locks without going to court?
Florida prohibits self-help lockouts and utility shutoffs; landlords must obtain a writ of possession.
What defenses can a tenant raise?
Common defenses include improper notice, landlord noncompliance with habitability obligations, retaliatory conduct, and discrimination; deposit rules can limit which defenses are heard if rent is unpaid.