No landlord wants to evict a tenant—but sometimes it becomes necessary to protect your property, finances, or peace of mind. Whether your tenant has stopped paying rent, violated the lease, or caused damage, Florida law gives you a legal process to regain control.
At Strang Tryson, we help landlords navigate the Florida eviction process lawfully and efficiently, minimizing delays and avoiding legal missteps.
Grounds for Eviction in Florida
You can lawfully evict a tenant for:
- Nonpayment of rent
- Violation of lease terms (e.g., unauthorized pets, illegal activity, property damage)
- Holding over after lease expiration
- Failure to vacate after proper notice
You cannot evict a tenant for discriminatory or retaliatory reasons, such as complaining to a housing authority or requesting repairs.
Step 1: Serve the Proper Notice
Florida law requires written notice before filing an eviction lawsuit. The type depends on the reason:
- 3-Day Notice to Pay or Vacate (for nonpayment of rent)
- 7-Day Notice to Cure or Vacate (for lease violations that can be fixed)
- 7-Day Unconditional Quit Notice (for serious or repeated violations)
- 15-Day Notice (for month-to-month tenancies)
The notice must:
- Be in writing
- Clearly state the reason and time to comply
- Be delivered in person, posted on the door, or sent by mail (best to use all three)
Step 2: File an Eviction Lawsuit (Complaint for Possession)
If the tenant fails to comply with the notice, you can file an eviction action in county court. The complaint must include:
- The lease agreement (if written)
- A copy of the notice served
- A demand for possession of the premises
Filing fees vary by county (typically $185–$300). The clerk will issue a summons for the tenant.
Step 3: Serve the Summons and Complaint
The tenant must be officially served by a process server or sheriff. They have 5 business days to respond.
- If they don’t respond: you can request a default judgment.
- If they do respond: the court may set a hearing or mediation.
Step 4: Get a Judgment and Writ of Possession
If the judge rules in your favor, the court will issue a Final Judgment for Possession.
- The clerk then issues a Writ of Possession, delivered by the sheriff.
- The sheriff gives the tenant 24 hours’ notice to vacate.
Step 5: Regain Possession
If the tenant hasn’t vacated, the sheriff will physically remove them. At that point, you can change the locks and take control of the unit.
What You Cannot Do (Illegal Eviction Tactics)
- Changing the locks
- Shutting off utilities
- Removing tenant belongings
- Harassing or threatening the tenant
These actions are illegal and can expose you to damages, penalties, or criminal charges.
Eviction Timeline
- Best case (no response): 4-6 weeks
- If contested or delayed: 6-9 months
Strang Tryson’s Take
Evictions can be stressful, but when handled properly, they protect your rights as a landlord while preserving your legal standing. We help clients:
- Draft valid notices
- File complaints
- Represent them in court
- Recover unpaid rent or damages
If you’re dealing with a difficult tenant, don’t risk a misstep. Florida’s process is strict, but we make sure you do it by the book—and regain control of your investment.
