Florida Eviction Process in 7 Steps (2025): Timelines, Forms, and Mistakes to Avoid
- José R. Hernández
- 3 hours ago
- 6 min read
Navigating the eviction process is one of the most challenging aspects of property management. It's a legal procedure that must be handled with precision to protect your investment and comply with state law. For landlords in Florida, understanding the specific steps, timelines, and required documentation is essential for a lawful and efficient process.
This guide provides a clear, seven-step overview of the Florida eviction process for 2025. We will cover the necessary notices, court filings, and common errors that can delay proceedings or lead to legal complications. Following these steps carefully will help you manage this challenging situation effectively and with confidence.
However, please note that this guide is intended to provide a general understanding of the Florida eviction process. Still, we recommend seeking legal advice or contacting our property managers for detailed guidance tailored to your situation.
Understanding the Legal Grounds for Eviction in Florida
Before initiating an eviction, you must have a legally valid reason, or "just cause." In Florida, these reasons fall into three main categories:
Failure to Pay Rent: This is the most common reason for eviction. If a tenant does not pay rent on the due date, you can begin the process.
Lease Violation: This includes non-compliance with material terms of the lease agreement, other than non-payment of rent. Examples include having an unauthorized pet, causing significant property damage, or creating a public nuisance.
Lease Expiration (Holdover Tenant): If a tenant remains on the property after their lease term has ended without signing a new agreement, you can evict them.
It is critical to document all issues thoroughly. Keep records of late payments, communications regarding lease violations, and any other relevant evidence. This documentation will be crucial if the case proceeds to court.
Step 1: Serve the Appropriate Written Notice
The first official step in any Florida eviction is to provide the tenant with a formal written notice. The type of notice depends on the reason for the eviction. Using the wrong form or delivering it improperly can invalidate the entire process.
3-Day Notice to Pay Rent or Quit: For non-payment of rent. This notice informs the tenant that they have three business days (excluding weekends and legal holidays) to either pay the full amount of rent owed or vacate the property. The notice must state the exact amount due and where it can be paid.
7-Day Notice to Cure: For correctable lease violations. This gives the tenant seven days to fix the specified violation (e.g., remove an unauthorized pet). If they comply, the eviction process stops. If they do not, you can proceed with filing an eviction lawsuit.
7-Day Unconditional Quit Notice: For non-correctable or severe lease violations, such as intentional destruction of property or repeated violations. This notice demands the tenant vacate within seven days and does not offer an opportunity to correct the issue.
How to Serve the Notice: Proper delivery is non-negotiable. Florida Statutes allow for three methods:
Personal Delivery: Handing the notice directly to the tenant.
Substituted Service: Leaving the notice with another resident of the property who is at least 15 years old.
Posting: If the tenant cannot be found, you may post the notice in a conspicuous place, such as the front door.
Common Mistake: Calculating the 3-day or 7-day period incorrectly. Do not count the day the notice is served, weekends, or legal holidays.
Step 2: File a Complaint for Eviction with the Court
If the tenant fails to comply with the notice—by not paying rent, correcting the violation, or moving out—your next step is to file a formal eviction lawsuit. This is also known as an "Unlawful Detainer" action.
You will file the complaint in the county court where the property is located. The necessary forms typically include:
Complaint for Eviction (or Complaint for Eviction and Damages): This document outlines your reasons for evicting the tenant.
Summons: This official court document notifies the tenant that they are being sued and must respond.
Copy of the Lease Agreement and the Notice Served.
You will need to pay a filing fee to the court clerk. Once filed, the clerk will issue the summons.
Common Mistake: Filing in the wrong county or using outdated forms. Always obtain the latest versions directly from the county court's website.
Step 3: Serve the Summons and Complaint
After filing, the Summons and Complaint must be legally served to the tenant. This cannot be done by you. It must be handled by a certified process server or the county sheriff's department. This ensures the tenant is officially notified of the lawsuit and has an opportunity to respond.
The process server will attempt to deliver the documents personally. If they are unsuccessful after multiple attempts, they may be able to use a substituted service or post the notice, followed by mailing a copy. Proof of service must be filed with the court.
Step 4: Await the Tenant's Response
The tenant has five business days (excluding weekends and holidays) after being served to file a formal written response with the court. Their response will determine the next steps.
Tenant Does Not Respond: If the tenant fails to respond within the five-day period, you can file a Motion for Default Judgment. If the judge approves it, you win the case by default, and the eviction proceeds.
Tenant Responds and Contests: If the tenant files a response (an "Answer"), they may present defenses. For evictions due to non-payment of rent, the tenant must deposit the disputed rent amount into the court registry to contest the case. If they do, a court hearing will be scheduled.
Common Mistake: Assuming a tenant won't respond. Be prepared for a contested eviction by having all your documentation organized and ready for a potential hearing.
Step 5: Attend the Court Hearing (If Necessary)
If the eviction is contested, a hearing will be set. This is your opportunity to present your case to a judge. You must bring all relevant evidence, including:
The original lease agreement.
Records of rent payments (or lack thereof).
Copies of all notices and proof of service.
Photographs, emails, and any other evidence of lease violations.
Witnesses, if applicable.
Be professional, stick to the facts, and clearly explain why the eviction is justified according to the lease and Florida law. The judge will hear both sides and make a ruling.
Step 6: Obtain the Final Judgment and Writ of Possession
If the judge rules in your favor (or if you won by default), they will sign a Final Judgment for Eviction. This officially grants you possession of the property.
Following the judgment, you must request a Writ of Possession from the court clerk. This is the legal document that authorizes the sheriff to remove the tenant from your property. The clerk will issue the Writ, which you then deliver to the sheriff's office for execution.
Common Mistake: Attempting a "self-help" eviction. It is illegal in Florida to change the locks, shut off utilities, or remove the tenant's belongings yourself. Only the sheriff can legally remove a tenant.
Step 7: Execute the Writ of Possession (The Final Removal)
Once the sheriff's office receives the Writ of Possession, they will schedule the final step. A deputy will post a 24-hour notice on the property, informing the tenant they have 24 hours to vacate.
If the tenant has not left after this 24-hour period, the sheriff will return to the property and physically remove the tenant and their possessions. As the landlord, you or your representative should be present to change the locks and secure the property immediately after the sheriff has cleared it.
Conclusion: Navigating the Process with Expertise
The Florida eviction process is structured and requires strict adherence to legal protocols. A single mistake—like an improperly worded notice or a miscalculated timeline—can force you to start over, costing you valuable time and rental income. Meticulous documentation and a clear understanding of the law are your best tools for a successful outcome.
While this guide outlines the necessary steps, managing an eviction can be a stressful and complex process. If you face challenges or want to ensure full compliance while protecting your investment, professional guidance is invaluable.
Contact Don Asher Management today. Our experts can provide the support and assistance you need to navigate difficult situations like evictions, ensuring your properties are managed efficiently and lawfully.
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At Don Asher Management, we've proudly served the Central Florida community for over 70 years. As a locally-owned company with a strong understanding of the local market, we've cultivated substantial relationships with regional and national contractors to provide top-quality services. We're dedicated to meeting your property and HOA management needs with a personalized touch, combining our decades of experience and commitment to detail to provide unmatched service. We're confident in our ability to deliver exceptional services tailored just for you. Choose Don Asher Management - where personalized attention meets professional service.