How to Evict a Tenant in Florida: 3-Day Notice Rules

Florida has one of the fastest residential eviction frameworks in the United States. Under Florida Statutes §83.56 and §83.59, a landlord can move from a missed rent payment to a sheriff-executed writ of possession in as little as 4–6 weeks in an uncontested case — a fraction of the 6–12 month timeline typical in New York after the post-HSTPA reforms. This article explains, from a Gyoseishoshi (行政書士) document-preparation perspective, exactly how to use the 3-day notice for unpaid rent and the 7-day notices for non-rent breaches, and how to take the case through the Florida county courts to a writ of possession.

The 3-day notice path is unforgiving — a single defective day-count or service mistake voids the notice and forces the landlord to start over. Get the procedure right.

1. Step 1 — Determine which notice applies

Florida Statutes §83.56 sets out three distinct notice paths depending on the type of breach:

Picking the wrong notice is the first defeat in any contested eviction. A landlord who serves a 3-day notice for an unauthorized pet, or a 7-day notice for unpaid rent, has served a defective notice and the case will be dismissed — sometimes with attorney fees against the landlord under the reciprocal-fees provision of F.S. §83.48.

Primary source — F.S. §83.56: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.56.html

2. Step 2 — Prepare the 3-day notice for unpaid rent

The 3-day notice for unpaid rent under F.S. §83.56(3) must contain:

1. Tenant’s name (all named tenants on the lease)
2. Property address including unit number
3. Exact amount of rent due (not late fees — only rent)
4. Date by which payment must be made
5. Address where payment may be tendered
6. Statement that failure to pay or vacate will result in eviction
7. Landlord’s signature and date

The statute provides statutory form language that is the safest approach to use verbatim:

“You are hereby notified that you are indebted to me in the sum of [$ amount] for the rent and use of the premises [address], now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the [date].“

3. Step 3 — Count the 3 days correctly

The most common landlord error is mis-counting the 3 days. Under F.S. §83.56(3):

• Day of delivery is NOT counted
• Saturday, Sunday, and legal holidays are EXCLUDED from the count
• Day 1 starts the first business day after delivery

Example: Notice delivered Monday afternoon, no holidays in week:

• Day 1: Tuesday
• Day 2: Wednesday
• Day 3: Thursday
• Earliest filing date: Friday

Example: Notice delivered Friday before Memorial Day weekend (Monday holiday):

• Day 1: Tuesday (skipping Sat / Sun / Mon holiday)
• Day 2: Wednesday
• Day 3: Thursday
• Earliest filing date: Friday

A landlord who files an eviction complaint on day 3 (instead of day 4) has filed prematurely and the case will be dismissed.

4. Step 4 — Serve the notice properly

Under F.S. §83.56(4) and §83.20, service may be:

• Personally delivered to the tenant on the premises
• Personally delivered to a person 15 years or older residing on the premises if the tenant is absent
• Posted in a conspicuous place on the premises if no person is found, AND mailed to the tenant

Posting alone — without diligent attempt at personal service — is not sufficient. Most landlords use a process server (USD 50–100) to ensure proper service, which generates an affidavit of service that becomes evidence at trial.

5. Step 5 — Allow the 3 days to lapse

If the tenant pays in full during the 3 days, the eviction action terminates and rent obligations continue. If the tenant partially pays, the landlord may accept and waive the eviction or reject and proceed — but rules around partial payment vary by county practice.

If the tenant vacates during the 3 days, the landlord regains possession without a court action.

If the tenant neither pays nor vacates, the landlord may proceed to file the eviction complaint.

6. Step 6 — File the eviction complaint

Eviction complaints in Florida are filed in county court in the county where the property is located. F.S. §34.011 gives county courts jurisdiction over residential evictions. Filing fees in 2026 are approximately:

• Filing fee: USD 185 (varies by county)
• Summons issuance: USD 10 per defendant
• Service of process by sheriff: USD 40 per defendant; private process server USD 50–100

The complaint must attach:

1. The lease
2. The 3-day notice with proof of service
3. A ledger showing the rent default

If the eviction is for possession only (not a damages claim), the case proceeds quickly. If the landlord seeks back rent as well, the procedural path is slightly longer.

Primary source — Florida Courts (eviction self-help): https://www.flcourts.gov/Resources-Services/Court-Improvement/Family-Courts/Self-Help-Center

7. Step 7 — Tenant’s 5-day response window

After service of the summons and complaint, the tenant has 5 days (excluding Saturday, Sunday, and legal holidays) to file an answer under F.S. §83.60.

To avoid a default judgment, the tenant must:

• File a written answer with the court, AND
• Deposit into the court registry the rent that is alleged unpaid (and any rent that becomes due during the proceeding)

Failure to deposit into the registry — even with a written answer filed — typically results in a clerk’s default and immediate writ of possession without a hearing. This rent-into-court rule is the single most pro-landlord aspect of Florida eviction procedure and is the practical reason Florida evictions move quickly.

8. Step 8 — Hearing or default judgment

If the tenant does not file an answer or deposit rent, the court enters a default and the clerk issues a writ of possession typically within 1–2 weeks of the filing.

If the tenant files an answer and deposits rent, the case proceeds to hearing. The hearing is usually scheduled within 4–6 weeks of filing in most Florida counties. The judge hears evidence on:

• Whether the rent is owed
• Whether the 3-day notice was properly served
• Whether any defense exists (e.g., warranty of habitability under §83.51, rent was actually paid, retaliation under §83.64)

The losing party may be liable for the prevailing party’s attorney fees under F.S. §83.48 (reciprocal — applies regardless of which side the lease awards fees to).

9. Step 9 — Writ of possession execution

Once the writ of possession issues, the county sheriff posts the writ on the property giving the tenant 24 hours to vacate. After 24 hours, the sheriff returns and supervises the landlord’s removal of the tenant’s property. Self-help eviction by the landlord — changing locks, removing belongings, shutting off utilities — is prohibited under F.S. §83.67 and exposes the landlord to statutory damages of three months’ rent or actual damages, whichever is greater, plus attorney fees.

10. Typical timeline summary

Uncontested case: ~3 weeks from notice to possession. Contested case: ~6–8 weeks from notice to possession.

11. The 7-day notices (non-rent breaches)

For non-rent breaches:

• Curable breach under F.S. §83.56(2)(b): 7-day notice giving tenant the chance to cure (e.g., remove unauthorized pet, dispose of accumulated trash). If tenant cures, lease continues.
• Non-curable breach under F.S. §83.56(2)(a): 7-day notice to vacate without opportunity to cure (e.g., destruction of property, repeated material disturbance, illegal activity).

The same court-process steps (Steps 6–9 above) apply once the 7-day notice expires.

12. Common landlord mistakes

1. Miscounting the 3 days — counting calendar days instead of excluding weekends/holidays.
2. Using a 3-day notice for non-rent breach — wrong notice; case dismissed.
3. Failing to attach the 3-day notice and proof of service to the complaint.
4. Filing for damages without separate procedure — small additional procedural step.
5. Self-help eviction — F.S. §83.67 statutory damages.
6. Notice that demands late fees rather than only rent — defective notice (only rent can be demanded in the 3-day notice).
7. Notice without the §83.56(3) statutory form language — defects can void notice.

A clean 3-day notice, prepared with Scrib🐮 and served by a process server, is the single most important document in any Florida eviction.

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Disclaimer

Legal information, not legal advice. MmowW Scrib🐮 is operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not US attorneys.

Sources

1. F.S. §83.56 — http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.56.html
2. F.S. §83.59 — http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.59.html
3. F.S. §83.60 — http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.60.html
4. F.S. §83.67 — http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.67.html
5. F.S. §83.48 — http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.48.html
6. Florida Courts (Self-Help) — https://www.flcourts.gov/Resources-Services/Court-Improvement/Family-Courts/Self-Help-Center