Key Takeaways:
- Serve the notice that matches the problem, because a defective 3-day, 7-day cure, or 7-day unconditional quit notice can get the case dismissed.
- Plan on two to four weeks for an uncontested case and six to eight weeks for a contested one, though court calendars and tenant filings can change that.
- Court filing, process service, and the sheriff’s writ fee total roughly $355 for one tenant before any attorney fees.
- Never lock out a tenant or shut off utilities, since Florida Statute 83.67 lets the tenant recover the greater of actual damages or three months’ rent.
- Keep rent ledgers, notices, and proof of delivery organized from day one, because a judge will want to see them.
The Florida eviction process runs in a fixed order set by Chapter 83 of the Florida Statutes: notice, complaint, tenant response, judgment, and writ of possession. Miss one step and the case can start over, which costs a St Petersburg owner another few weeks of lost rent.
Spartan Property Management LLC handles lease enforcement, notices, and eviction for owners across Pinellas County and greater Tampa Bay. Below we cover how to evict a tenant in Florida, the Florida eviction timeline, what the court and sheriff charge, and why shortcuts like lockouts backfire.
Florida Eviction Laws and Valid Grounds for Removal
Florida eviction laws are set down in the Florida Statutes, Chapter 83, Part II. Section 83.425 also bars local governments from adding their own landlord-tenant rules, so St Petersburg has no separate city process. Cases go to the county court where the rental property is located, which for St Pete is Pinellas County.
Florida recognizes three common grounds:
- Nonpayment of rent.
- A lease violation, such as an unapproved occupant.
- Holdover, when a tenant stays after the lease ends.
Each ground has its own notice, and the wrong one can get a case thrown out.
How to Evict a Tenant in Florida, Step by Step
Step One: Serve the Correct Notice
The three day notice Florida landlords use for unpaid rent gives the tenant three days to pay or move out. The count skips Saturdays, Sundays, and legal holidays. The notice must state the amount owed and the landlord’s name and address. Deliver it by hand, by mail, or by leaving a copy at the property if the tenant is away.
For a lease violation the tenant can fix, serve a 7-day notice to cure. If the problem isn’t corrected within seven days, the landlord can end the tenancy. For a violation that can’t be fixed, or one repeated within 12 months of a warning, serve a 7-day unconditional quit notice. That one offers no chance to cure.
Holdover tenant situations depend on the lease terms and the type of tenancy, so ask your attorney before you file.
Step Two: File the Complaint in County Court
If the tenant neither pays nor leaves, file a complaint for possession with the Pinellas County Clerk of Court. The filing fee for a residential possession case is $185, and the sheriff charges $40 to serve each defendant. Fees change, so confirm current amounts with the clerk and sheriff.
Step Three: The Tenant’s Response Window
Depending on the proper notice served, the tenant has three to seven days, excluding weekends and legal holidays, to respond. In a nonpayment case, a tenant who contests must also deposit the rent claimed into the court registry.
Skipping that deposit waives every defense except payment, and the landlord can seek an immediate default judgment. If the tenant does nothing at all, the landlord can ask the clerk for a default.
Step Four: Hearing and Judgment
When the tenant files an answer, the court sets a hearing. Bring the lease, the notice, proof of delivery, the rent ledger, and any records tied to a violation. A claim for back rent or damages can add time, so ask your attorney whether to include it.
Step Five: Writ of Possession
After judgment for the landlord, the clerk issues a writ of possession to the sheriff. The sheriff posts a 24-hour notice on the door and then returns possession to the landlord. The sheriff’s fee to carry out the writ is $130. Until then, the tenant legally stays.
Florida Eviction Timeline and Typical Costs
A typical Florida eviction timeline looks like this once the notice period ends:
- Uncontested case: about 4 to 6 weeks.
- Contested case: about 6 to 8 weeks.
Those are typical ranges, not promises. Service delays, court backlogs, and tenant filings all move them.
Court and sheriff charges add up to about $355 for one tenant ($185 filing, $40 service, $130 writ). Attorney fees come on top. Each additional adult named in the case adds a service charge.
Why Self-Help Eviction Costs More Than It Saves
Florida Statute 83.67 bans the shortcuts. A landlord can’t cut off utilities the landlord supplies, change the locks, or remove doors, windows, or other parts of the home to push a tenant out. A landlord also can’t remove a tenant’s belongings without a writ of possession.
A tenant who is wronged can recover actual and consequential damages or three months’ rent, whichever is greater, plus court costs and attorney fees. A tenant three months behind on rent can still bring that claim. Only the sheriff removes a tenant.
How Spartan Property Management LLC Handles Evictions
We operate as a licensed Florida real estate brokerage, and eviction handling is part of our lease enforcement for managed homes. Our founder, Aaron Brunelle, brings Tampa Bay real estate experience to those decisions, and we file through our real estate attorney. For tenants we place, our eviction protection covers up to $750 of eviction fees.
Screening comes first. We check income, rental history, credit, criminal background, and ID, and the owner has the final say on approval.
For deposits, entry rules, and notices, read our Florida landlord-tenant law guide. This content is informational, not legal advice. Statutes and fees change, so consult a Florida attorney about your situation.
Bottom Lines
A Florida eviction is mostly decided before anyone files. Accurate notices, clean records, and patience with the court calendar do more for an owner than speed does. The sheriff is the only person who can remove a tenant, and a lockout hands the tenant leverage the missed rent never gave.
Spartan Property Management LLC takes that process off your desk and works it the way the statute requires. Call us at (813) 736-1339 or enter your address for a rental analysis.
Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
Frequently Asked Questions About the Florida Eviction Process
Can I Accept Rent After Serving a 3-Day Notice?
Be careful. Accepting rent with knowledge of a violation can waive your right to evict for that violation, and partial payments carry specific rules under Section 83.56. A tenant may offer part of the balance to stall the case. Get written guidance from your attorney before you accept, deposit, or even hold any payment after a notice goes out.
How Do I End a Month-to-Month Tenancy in Florida?
A month-to-month tenancy ends with written notice of at least 15 days before the end of the monthly period. No violation is required. If the tenant stays past that date, the landlord can then file for possession. Count the days carefully, since a notice that falls short can force you to restart the clock and wait another full month.
What Happens to the Tenant’s Belongings After the Writ?
Once the sheriff executes the writ, the landlord may remove the tenant’s personal property from the home. The statute says the landlord isn’t liable for loss, destruction, or damage to that property after the writ is carried out. Before any removal, photograph the home and the items, and ask your attorney how to handle storage or disposal.
Can I Evict a Tenant in Retaliation for a Complaint?
No. Section 83.64 prohibits retaliation when a tenant has complained to a government agency about code violations, complained to the landlord in writing, or paid rent into the court registry. A retaliation defense can sink an otherwise valid case. Keep your reasons for eviction documented and tied to rent or lease terms, and keep repair requests answered.
Can I Recover Eviction Costs From the Tenant?
Often you can ask. Under Section 83.48, the winning party in a civil action to enforce the lease or Part II may recover reasonable attorney fees and court costs. A judgment doesn’t guarantee payment, though, and collecting from a tenant who has left can take separate effort. Treat any recovery as a possible bonus, not something to count on in your budget.