Eviction Process in Florida: The Complete Guide (2025)

The rental market in Florida has always been complex, and with each passing year, the laws and regulations surrounding evictions seem to shift. Both landlords and tenants should know and understand the eviction process in Florida. 

Whether you're navigating disputes over unpaid rent, lease violations, or uncertainties about tenant rights, having a clear roadmap is essential to avoid legal headaches.  

We'll break down Florida's eviction process here, answer common questions, and provide clarity on new rules for 2024-2025. From timelines and costs to what's required by law, we've got you covered. If you're wondering, "How long does the eviction process take in Florida?" or "Can I evict someone without a lease?" you'll find answers here.

In 2023, Florida amended the Florida Landlord and Tenant Act, also known as Florida Statute 83. These changes overrode several local city ordinances regarding notices and evictions, meaning the rules may have shifted since the start of your lease.

What Changed in Florida's Eviction Laws for 2024-2025?

Florida's eviction and tenancy laws have undergone significant changes as the state works to balance the rights of landlords and tenants while addressing statewide housing challenges. These updates aim to simplify processes, ensure fairness, and clarify rules for both parties.

Revised Eviction Procedures

• Updated Notice Periods: New regulations adjust the time landlords must provide notice for non-payment of rent or lease violations.

• Tenant Protections Without Formal Leases: Clearer rules now outline how evictions should be handled in cases where no formal lease agreement exists.

• Online Filing Options: Many countries have introduced digital platforms for eviction filings, streamlining the process and reducing delays.

Changes to Termination Notices for Tenancies

One of the most notable updates is the increase in notice periods for ending a tenancy. For month-to-month agreements, the required written notice has doubled from 15 days to 30 days.

For expired leases, the notice period landlords must provide varies based on how often rent is paid:

• Week-to-week: 7 days

• Month-to-month: 30 days (up from 15 days)

• Quarter-to-quarter: 30 days

• Year-to-year: 60 days

Landlords are entitled to file an eviction lawsuit if a tenant remains in the property after the notice period ends.

Additional 2023 Tenancy Law Updates

Several other changes impacting tenancy laws, though unrelated to evictions, include:

• Allowing tenants to pay a fee in place of a security deposit.

• Security deposits are required to be returned within the mandated time frame.

• Capping late fees to protect tenants from excessive charges.

• Introducing mandatory background checks for employees and contractors working on rental properties.

These updates reflect Florida's commitment to modernizing its landlord-tenant laws while safeguarding fair treatment and fostering clearer communication between both parties.

How to Evict Someone in Florida   

If you're a landlord, navigating the eviction process in Florida requires patience and attention to detail.  Only a Florida law enforcement officer can legally remove someone from a property under a writ of possession. 

You can file a sworn affidavit with local law enforcement if you find someone is illegally staying in your home without a lease, known as squatting. This action, authorized by Chapter 82, Section 35 of the Florida Statutes, empowers the police to remove the unauthorized occupant.

How Long Does the Eviction Process Take in Florida?

Evicting a tenant in Florida typically takes 20-37 days, though uncontested evictions might be resolved in as little as 7-15 days. However, court backlogs can delay hearings. The process involves serving an eviction notice, filing a lawsuit, serving legal papers, waiting for a response, obtaining a judgment or hearing date, receiving a writ of possession, and finally, having the sheriff enforce the eviction. Once approved, tenants have 24 hours to vacate or face removal by law enforcement.

How Much Does an Eviction Cost in Florida?

Evictions can be expensive, especially if they go to court. Expect to pay:

• Court fees: $185 to $400

• Process server fees: $40 to $100

• Attorney fees: $500 to $2,000 or more

While these costs may seem high, handling the process legally can save you money in the long run. Pasco County's website provides a a detailed breakdown of eviction fees and costs

This can be a helpful starting point. Most counties offer downloadable forms and fee schedules online. Check your local county's website for specific information about eviction costs.

What are the legal reasons for evicting someone in Florida?

Florida law requires landlords to have valid, justifiable reasons, known as "just cause," to evict tenants. Below are the most common grounds for eviction and key legal obligations for both landlords and tenants:

1. Non-Payment of Rent 

If a tenant does not pay rent, landlords have the right to issue a legal notice demanding payment or possession of the property.  

2. Violation of Lease Terms 

Examples include unauthorized pets, property damage, subletting without permission, or failure to adhere to community rules (like noise ordinances).  

3. No Lease Agreement  

Under Florida eviction laws without a lease, landlords can terminate month-to-month rental arrangements with proper notice.  

4. Illegal or Criminal Activity

If a tenant engages in illegal activities, such as drug use or crimes, landlords can begin eviction proceedings immediately. The policy also covers failing to meet responsibilities under tenant-landlord laws, such as causing property damage, keeping unauthorized pets, or creating disturbances that disturb neighbors' peace.

5. Lease Expiration Without Renewal

If a lease expires and the tenant refuses to lveae, the landlord has the right to evict them.  

Besides having fundamental rights homeowners have to fulfil their obligations that are under Florida's landlord-tenant statute. This will ensure the property is in good repair and the living space is habitable. 

Failing to do so, your residence holds the right to keep back rent. For this, they have to issue you with a notice. The notice will be seven days to correct the defect/s, and during this time, the resident can't be forced to pay rent or ask for eviction. 

How Much Notice is Required for Non-Payment of Rent in Florida?

If your tenant fails to pay rent, you can provide a three-day notice to vacate. This notice ensures tenants have a fair chance to address the issue or vacate. What happens next?

If the Tenant Pays Within the 3 days: The eviction process in Florida halts, and the tenant continues under the existing lease agreement. However, if non-payment occurs again, the process must restart with a new notice.

If the Tenant Vacates Without Paying: You pay the security deposit as unpaid rent. If the deposit doesn't fully cover the owed amount, you have the right to file a lawsuit to recover the remaining balance.

If the Tenant Fails to Pay and Remains on the Property: You can proceed by filing a summons and complaint with the county court to get back possession of the property.

How Much Notice is Required to Evict a Tenant in Florida for a Lease Violation?

In Florida, landlords must provide tenants with a seven-day notice to vacate for a lease violation. Ensuring this notice is accurate and legally sound is crucial, as any errors can render it invalid. This will require you to start the process anew.

Minor Violations: For minor infractions, such as a pet violation in a "no pets allowed" lease, landlords may grant tenants a grace period to rectify the issue. This could involve rehoming the pet or addressing other minor breaches.

Major Violations: Landlords are not obligated to provide additional chances for severe or ongoing violations, such as illegal activity or significant property damage. These "incurable violations" warrant immediate eviction proceedings.

Legal Assistance: We highly recommended consulting with an attorney to draft the eviction notice and navigate the legal process. A legal professional can ensure compliance with Florida's specific landlord-tenant laws and protect your rights as a property owner.

Can a Landlord Force a Tenant to Leave?

No. Under Florida law, landlords cannot force tenants to leave without following the legal eviction process. Actions like changing locks, removing the tenant's belongings, or shutting off utilities are classified as self-help evictions and can result in fines or lawsuits.  

Note: The only way to legally remove a tenant is through the eviction process, which requires obtaining a court order.  

Can You Be Evicted in Florida if Rent is Paid?

Tenants often wonder, Can I still be evicted under any conditions in Florida, if I pay my rent? The answer depends on the circumstances. Even if rent is paid, a tenant can still be evicted for:  

• Violating lease terms (e.g., unauthorized subletting or property damage).  

• Engaging in illegal activities.  

• Refusing to leave after the lease expires.  

However, landlords must provide proper notice and follow the legal eviction process in all cases.  

Streamline Your Eviction Process

To simplify the eviction process and minimize delays, landlords should:

• Use Written Leases: Clearly outline terms and conditions to avoid disputes.

• Document Thoroughly: Keep records of rent payments, violations, and communications.

• Seek Legal Advice: Consult an attorney for guidance and to ensure compliance.

• Act Promptly: Timely action can save time and money.

Key Takeaway

The eviction process in Florida can be challenging, but understanding the laws and following the proper steps can make it manageable for landlords. You can avoid the hassle of dealing with unpaid rent, lease violations, or tenants without a lease by staying informed about eviction laws in Florida. You could protect your rights and property well.

If you're a landlord seeking guidance or support, Mosaic Services is here to help! Our team understands the complexities of managing rental properties and can assist you in navigating legal processes. 

Contact us to learn more about how we can support you with expert resources and customized solutions for your property management needs! Stay informed, stay compliant, and handle evictions with confidence in 2025!