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How to Evict a Tenant in Florida

Understand the reasons you can legally evict a tenant in Florida—and the process you have to follow to get them out.


In Florida, you can evict someone for breaking the terms of the lease, not paying rent, or breaking the law. You cannot evict someone for any reason that could be deemed discriminatory or retaliatory.

1. Serve written notice

If rent goes unpaid, you must serve a three-day notice to pay rent. The notice must let the tenant know that they have three days to pay the rent or the eviction process will begin. We’ve created a template for this kind of notice that you can customize and use here.

If the tenant violated the rental agreement, you must serve a seven-day notice to cure. The notice must let the tenant know that they have seven days to pay the rent or the eviction process will begin. (Here's a template.)

If the tenant intentionally destroys the property, causes a disturbance, or violates the lease the same way in one 12-month period then you may serve a seven-day unconditional quit notice, which doesn't give the tenant the chance to make things right. This notice lets the tenant know that they have seven days to leave the unit before the eviction process will begin. (Here's a template.)

2. File papers with the court

After the notice period has come to a close, to continue with the eviction, you must file a complaint in the court that is most closely located to the rental unit. A court date will be set for a judge-only trial and the tenant will be served copies of the paperwork. The tenant then has five days to respond.

3. Go to court

If the judge rules in your favor, a court order for the tenant's removal will be issued and carried out by a sheriff or constable. If you find that the tenant has left any possessions in the unit after the eviction, you must offer the tenant up to 15 days to collect them. If the items are not claimed by the tenant within that time, you may get rid of them.

The information provided on this website does not, and is not intended to, constitute legal advice.


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