Valid grounds for eviction in Florida
Florida law (F.S. §83.56) limits the grounds for which a landlord may terminate a tenancy and pursue eviction. The main categories are:
- Non-payment of rent — Most common. Landlord must serve a written 3-Day Notice to Pay or Vacate (excluding Saturday, Sunday, and legal holidays). If rent is not paid or the unit not vacated within 3 days, the landlord may file an eviction complaint with the county court.
- Lease violation (curable) — If the tenant violates a material term of the lease (e.g., unauthorized pet, unauthorized occupant), the landlord must serve a 7-Day Notice to Cure. If the tenant cures within 7 days, the tenancy continues. If not cured, a 7-Day Notice to Vacate follows.
- Lease violation (non-curable) — Certain violations (e.g., destruction of property, criminal activity on premises) allow a direct 7-Day Unconditional Quit Notice without an opportunity to cure.
- Month-to-month tenancy termination — Either party may terminate a month-to-month tenancy with 15 days' written notice prior to the end of the rental period.
- End of lease term — A fixed-term tenant who holds over after the lease expires may be treated as a month-to-month tenant or evicted.
Serving the required notice
The written notice must be delivered using one of the methods specified in F.S. §83.56(3):
- Hand delivery to the tenant
- Delivery to a person residing on the premises who is 15 years of age or older
- Posting on the front door of the premises and mailing a copy to the tenant
Notice requirements are strictly interpreted by Florida courts. Common errors that can invalidate a notice include: including Sunday or legal holidays in the 3-day count, specifying an incorrect rent amount, using the wrong notice type for the violation, or failing to include the landlord's address. If the notice is defective, the entire eviction must restart from the beginning — sometimes months later if the tenant raises the defect at the hearing.
For Canadian owners managing remotely, it is strongly advisable to have a Florida-licensed property manager or attorney prepare and serve all notices. An incorrectly served notice is the most common reason evictions fail on procedural grounds.
Filing the eviction complaint in county court
After the notice period expires without compliance, the landlord files a Complaint for Eviction (also called an Unlawful Detainer action) in the county civil court where the property is located. Filing fees range from approximately $185 to $400 depending on county and whether a claim for back rent is included alongside the eviction.
The court issues a Summons, which the Sheriff's office serves on the tenant. The tenant has 5 business days to file a written response (Answer). If no Answer is filed, the landlord may request a Default and the court typically issues a Default Final Judgment for Eviction within a few days. If the tenant files an Answer (often with rent deposited in the court registry), the court schedules a hearing — typically 7–15 days out.
Important: if the tenant deposits any disputed rent amount into the court registry, the landlord must file a Motion to Determine Rent or risk the eviction being dismissed. The court registry deposit is a common tenant defense strategy.
Court hearing and judgment
At the hearing, both parties present their case before a county court judge. The landlord must prove: (1) a valid lease or tenancy existed; (2) proper notice was served; (3) the tenant failed to comply with the notice. The tenant may raise defenses such as: the notice was defective; the landlord failed to maintain habitable conditions (F.S. §83.51); retaliatory eviction (F.S. §83.64); or discriminatory eviction.
If the landlord prevails, the court issues a Final Judgment for Eviction. The judge also signs a Writ of Possession, which is sent to the county Sheriff. The Sheriff posts a 24-hour notice on the premises and, if the tenant has not vacated, returns to physically remove the tenant and their belongings. The Sheriff charges a fee ($90–$150 depending on county) for executing the Writ.
Realistic eviction timelines
| Stage | Uncontested | Contested |
|---|---|---|
| Serve 3-day notice | Day 1 | Day 1 |
| File complaint | Day 4–5 | Day 4–5 |
| Sheriff serves summons | Day 7–10 | Day 7–10 |
| Tenant answer deadline | Day 12–15 | Day 12–15 |
| Default judgment (if no answer) | Day 15–18 | — |
| Court hearing (if contested) | — | Day 22–30 |
| Writ of Possession issued | Day 16–20 | Day 25–45 |
| Sheriff executes writ | Day 18–25 | Day 28–60+ |
Appeals can extend the timeline by 30–90 days. If the tenant files for bankruptcy, an automatic stay halts the eviction until the bankruptcy court lifts it — a process that can take weeks to months.
Canadian-owner practicalities
Several issues are unique to Canadian owners managing Florida rentals from abroad:
- Court appearance — Florida county courts generally require the plaintiff (landlord) or their attorney to appear at hearings. A licensed Florida attorney can appear on your behalf; a property manager who is not a licensed attorney cannot represent you in court.
- Corporate landlords — If you hold the property in a Florida LLC, the LLC must be represented by a Florida-licensed attorney in court — it cannot be self-represented by a non-attorney member.
- Security deposit handling — Improper handling of the security deposit (failure to maintain in a Florida bank account, failure to give proper notice within 30 days of move-out) can be used as a counterclaim by the tenant and may result in you forfeiting the right to make deductions.
- Never self-help evict — Changing locks, removing tenant belongings, or shutting off utilities is illegal under F.S. §83.67, exposing you to actual damages, 3 months' rent in penalties, plus attorney's fees — regardless of what the tenant has done.
Every figure, rate, threshold, and deadline in this guide is drawn from a verifiable primary source listed at the bottom of the page. The article is updated whenever the underlying rules change, with a fresh review date stamped at the top.
Sources and references
Public sources verified as of the last review date.
- F.S. Chapter 83, Part II — Florida Residential Landlord-Tenant Act
- F.S. §83.56 — Termination of rental agreement
- F.S. §83.67 — Prohibited practices — landlord
- Florida Courts — Landlord-Tenant Self-Help