The information on this page is a short summary of the eviction process in Florida. It is not a substitute for legal advice about your circumstances. You are encouraged to consult with an attorney for legal advice before taking any action. Use our attorney directory to find an attorney.

Step One: Draft and Serve Three-Day Notice.

A landlord must serve a Three-Day Notice demanding payment of rent or possession of the premises within three (3) days. The date of service and weekends and legal holidays are excluded. After the expiration of the Three-Day Notice the landlord may proceed with the summons and complaint.

The termination of tenancies for reasons other than rent the notice period varies. For breaches of the lease other than payment of rent the landlord must serve a seven day notice to comply or vacate. To end a periodic tenancy at the end of the period the notice requirements depend on the length of the term. If the tenancy is from year to year the landlord must give not less than 3 months’ notice prior to the end of any annual period; for a tenancy from quarter to quarter, by giving not less than 45 days’ notice prior to the end of any quarter; for a month to month tenancy, by giving not less than 15 days’ notice prior to the end of any monthly period; and for a tenancy that is from week to week, the landlord must give not less than 7 days’ notice prior to the end of any weekly period.

The number of copies to serve depends on the circumstances. For one tenant serve an original and three copies of the notice. For two tenants serve the original and five copies.

Step Two: Complaint and Summons

Complaint: The landlord must file the original Complaint and sufficient copies of the complaint for each tenant with the Clerk. The landlord must also file a copy of the Three-Day Notice and a copy of the lease, if one exists, and attach a copy of the notice and lease to each copy of the eviction complaint. The complaint must be signed in the presence of a deputy clerk or must be notarized by a notary public.
Summons: T court clerk will issue an Eviction Summons/Residential after the eviction complaint is filed and the fee paid. A copy of the complaint, three-day notice, and lease (if one exists) will be attached for service on the tenant. The Sheriff or a private process server can serve the summons.

Certificate of Mailing: The summons can be served by posting and mailing if the tenant cannot be served either personally or by substitute service.  Posting means attaching to a conspicuous part of the premises. For serving by posting and mailing the landlord must request the clerk to mail the notice to the tenant by Certificate of Mailing.

Step Three – Hearing or Defualt

Hearing: The tenant has five days (exclusive of
Saturdays, Sundays and holidays) after service of the Summons to file an answer. If an answer is filed and money deposited the landlord must contact the Court to schedule a hearing.
Default: If the tenant fails to answer the Summons, the landlord may file a Motion for Default and proceed with obtaining a Final Judgment for Possession and a Writ of Possession.
The Clerk is authorized to enter a Default at the end of five days after service upon the tenant. Upon the default being entered by the Clerk the Judge will then review the file and enter the Final Judgment for Possession and direct the Clerk to issue the Writ of Possession.
The landlord must furnish the clerk with an original Final Judgment for Possession and a copy for the landlord and for each tenant.  The landlord must also furnish the Clerk with pre-addressed stamped envelopes to the tenant(s) and him/herself for mailing the conformed copy of the Final Judgment. The Writ of Possession has to be presented to the Clerk for issuance.

Step Four: The Sheriff

After entry of the Judgment the Clerk will issue a Writ of Possession describing the premises and commanding the sherif to put the landlord in possession after 24 hours. The Writ must be served by the Sheriff.
This is general information and no substitute for legal advice. You should seek legal advice from a landlord-tenant attorney before taking any action that might affect your rights. Find an attorney in our landlord-tenant attorney directory.