Florida Eviction Statute Reference
Florida Statutes Chapter 83 Part II — Residential Landlord and Tenant Act
QUICK REF Notice Requirements
| Violation Type | Notice Period | Days Count | Curable? | Statute |
|---|---|---|---|---|
| Failure to Pay Rent | 3-Day Notice | Excl. Sat, Sun & legal holidays | Yes — pay or vacate | 83.56(3) |
| Health / Safety Violation | 7-Day Notice | Excl. weekends & holidays (FL business days) | No — must vacate | 83.56(2)(a) |
| Other Noncompliance (first offense) | 7-Day Notice | Excl. weekends & holidays | Yes — 7 days to cure | 83.56(2)(b) |
| Repeat Noncompliance (same act, 12 mo) | 7-Day Notice | Excl. weekends & holidays | No — must vacate | 83.56(2)(b) |
| Month-to-Month Termination | 15-Day Notice | Before end of monthly period | N/A — no fault | 83.57(3) |
| Week-to-Week Termination | 7-Day Notice | Before end of weekly period | N/A — no fault | 83.57(4) |
| Year-to-Year Termination | 60-Day Notice | Before end of annual period | N/A — no fault | 83.57(1) |
QUICK REF Process Timeline (Non-Payment)
| Step | Action | Timing | Notes |
|---|---|---|---|
| 1 | Serve 3-Day Notice | Day 0 | Exclude Sat, Sun & holidays from count |
| 2 | Wait for expiration | Day 3+ | Tenant may pay within notice period |
| 3 | File Complaint for Eviction | Day 4+ | County court; filing fee ~$185-$400 |
| 4 | Clerk issues Summons | 1-3 days after filing | 5-day summons (not 20-day) |
| 5 | Process Server serves Tenant | ASAP after summons issued | 48.183 — may serve at property |
| 6 | Tenant response window | 5 business days after service | Tenant may pay into court registry or defend |
| 7 | Motion for Default (if no response) | After 5-day window | File Motion for Default + Final Judgment |
| 8 | Default Final Judgment | 1-3 days after motion | Judge signs — clerk issues Writ |
| 9 | Writ of Possession issued | Same day as judgment | Sheriff serves 24-hr notice to vacate |
| 10 | Sheriff lockout | 24 hrs after writ served | Landlord may re-take possession |
CH. 83 PART II Chapter 83 Overview
This part of Chapter 83 shall be known and may be cited as the "Florida Residential Landlord and Tenant Act."
A structure or part of a structure that is rented for use as a home, residence, or sleeping place by one person or by two or more persons who maintain a common household.
The owner or lessor of a dwelling unit.
Any person entitled to occupy a dwelling unit under a rental agreement.
The periodic payments due the landlord from the tenant for occupancy under a rental agreement and any other payments due the landlord from the tenant as may be designated as rent in a written rental agreement.
Any written agreement, or oral agreement if for less duration than 1 year, providing for use and occupancy of premises.
Landlord must return deposit or provide written itemized notice of claim within 15 days after vacating (if no deductions) or 30 days (if deductions). Tenant has 15 days to object to claimed deductions.
Deposit must be held in a separate non-commingled account or posted as surety bond.
FS 83.56 Termination of Rental Agreement
If the landlord materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance, the tenant may terminate the rental agreement.
Exception: If failure is due to conditions beyond landlord's control, tenant may not terminate if landlord has made and continues to make a good faith effort to correct.
If the tenant materially fails to comply with s. 83.52 or material provisions of the rental agreement, other than a failure involving the nonpayment of rent, and such failure is of a nature that the tenant should not be given an opportunity to cure (i.e., destruction, damage, or misuse of landlord's or other tenants' property; unreasonable disturbances; conviction of a crime; or similar conduct), the landlord may:
Give tenant a 7-day notice of termination delivered as provided in s. 83.56(4). Lease terminates at end of 7-day period.
If noncompliance is of a nature the tenant should be given an opportunity to cure, deliver a 7-day notice specifying the noncompliance and requiring cure within 7 days.
Repeat offense (same noncompliance within 12 months): No opportunity to cure; 7-day notice of termination.
If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement.
Key rule: Count business days only. Legal holidays include both state and federal holidays observed in Florida.
Demand must contain: Amount of rent due; that payment must be made within 3 days or tenant must vacate.
Notices under this section must be delivered to the tenant as follows:
Personal delivery to the tenant; or
Delivery to a person 15 years of age or older at the tenant's dwelling unit; or
Mailing to the tenant at the dwelling unit address; or
If tenant is absent, posting at the dwelling unit door and mailing by first-class mail to the tenant's last known address.
Note: For the 3-day notice, posting + mail is the most common and defensible method. Always document service method and date.
FS 83.57 Termination Without Specific Term
| Tenancy Type | Required Notice | Subsection |
|---|---|---|
| Year-to-Year | 60 days before end of any annual period | 83.57(1) |
| Quarter-to-Quarter | 30 days before end of quarterly period | 83.57(2) |
| Month-to-Month | 15 days before end of monthly period | 83.57(3) |
| Week-to-Week | 7 days before end of weekly period | 83.57(4) |
FS 83.59 Right of Action for Possession
If the rental agreement is terminated and the tenant does not vacate the premises, the landlord may recover possession of the dwelling unit as provided in this section.
83.59(1): The landlord shall not recover possession of a dwelling unit except: (a) by action for eviction; (b) voluntary surrender; or (c) abandonment.
83.59(2): A landlord who causes, directly or indirectly, the interruption or termination of utility services, lockout, or removal of outside doors shall be liable to the tenant for actual damages or 3 months' rent, whichever is greater, plus attorney's fees.
83.59(3): Expedited hearing available: court shall advance the cause on the docket and shall hold a hearing as soon as reasonably possible after the filing of the action.
FS 83.60 Defenses to Action for Rent or Possession
83.60(1): In an action by the landlord for possession of a dwelling unit, if the tenant interposes any defense other than payment, the tenant shall pay into the court registry the amount alleged in the complaint or as amended, or the portion not in dispute, within 5 days, excluding Saturdays, Sundays, and legal holidays, after the day the tenant is required to appear in the action.
Failure to deposit = automatic default. If tenant fails to pay into the registry, the court must enter a default against the tenant for possession.
83.60(2): In an action by the landlord for possession of a dwelling unit based upon nonpayment of rent, the tenant may defend on the ground of material noncompliance with s. 83.51(1). Tenant must give landlord prior written notice of conditions.
FS 83.62 Restoration of Possession to Landlord
In an action for possession, after entry of judgment in favor of the landlord, the clerk shall issue a writ of possession to the sheriff describing the premises and commanding the sheriff to put the landlord in possession after 24 hours notice conspicuously posted on the premises.
At the time the sheriff executes the writ of possession or at any time thereafter, the landlord or the landlord's agent may remove any personal property found on the premises to or near the property line.
The landlord shall not be liable for loss, destruction, or damage to such property after it has been removed.
FS 83.64 Retaliatory Conduct
It is unlawful for a landlord to discriminatorily increase rent, decrease services, or threaten to bring/bring an eviction action in retaliation against a tenant for:
1. Complaining to a governmental agency about the condition of the premises; 2. Organizing or joining a tenant union; 3. Exercising any right or remedy afforded the tenant by law.
Burden of proof: Presumption of retaliation exists if landlord acts within 60 days of tenant's protected activity. Landlord can rebut with legitimate non-retaliatory reason.
Remedy: Tenant may recover actual damages or 3 months' rent (whichever is greater) plus attorney's fees.
FS 83.67 Prohibited Practices
A landlord of any dwelling unit governed by this part shall not:
1. Willfully deny utilities (electricity, gas, water); 2. Willfully obstruct tenant's access to and use of dwelling; 3. Remove or destroy tenant's property; 4. Remove doors, locks, or windows; 5. Interrupt or terminate mail delivery or other services.
Penalty: Actual damages or 3 months' rent (whichever is greater) plus attorney's fees and costs. A licensed contractor or service provider who provides such services is not liable.
FS 48.183 Service of Process in Eviction Cases
In an action for possession of a residential premises, service of process on the tenant may be made as follows:
Service may be made by leaving copies at the usual place of abode with any person residing therein who is 15 years of age or older. If no one is available, the officer shall attach the copies to the front door.
If service cannot be made by leaving copies or attaching to the door, and the landlord executes an affidavit stating such, service may be made by posting at the door AND mailing copies to the defendant's last known address.
5-Day Summons: In residential eviction actions, the summons requires the tenant to respond within 5 business days (not the standard 20 days).
50 U.S.C. 3951 SCRA — Military Tenant Protections
A landlord may not evict a servicemember or dependents during a period of military service from a premises used as a primary residence if monthly rent does not exceed the threshold ($4,231.51 in 2025, adjusted annually) without leave of court.
Court may on its own motion stay the eviction for up to 90 days, or stay upon application of the servicemember.
Before a default judgment may be entered, the plaintiff must file an affidavit stating whether or not the defendant is in military service. Failure to file = court will not enter default.
Willful violation is a Class A misdemeanor. Civil liability for actual damages plus punitive damages.
FL LAW Business Day Calculation Rules
Start counting the day AFTER service. Do not count the day of delivery.
Exclude: Saturdays, Sundays, and legal public holidays.
Florida Legal Holidays (FS 683.01): New Year's Day, MLK Day, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, day after Thanksgiving, Christmas.
Example: 3-day notice served Monday. Day 1 = Tuesday, Day 2 = Wednesday, Day 3 = Thursday. Landlord may file Friday.
Example with holiday: 3-day notice served Wednesday before Thursday holiday. Day 1 = Friday, Day 2 = (skip Sat/Sun) Monday, Day 3 = Tuesday. Landlord may file Wednesday.
COURT Filing Requirements
1. Complaint for Eviction — Statement of facts, relief sought, amount of rent due.
2. Copy of Rental Agreement — Lease or proof of tenancy.
3. Copy of 3-Day Notice — With proof of service (affidavit of service or posting).
4. Non-Military Affidavit — SCRA compliance required for default.
5. Summons — Clerk issues; process server or sheriff delivers to tenant.
COURT Typical Broward/Dade County Fees
| Item | Estimated Cost | Notes |
|---|---|---|
| Filing Fee (County Court) | $185 — $400 | Varies by county; Broward ~$185 non-jury |
| Sheriff Service | $40 per address | Broward Sheriff rate; varies by county |
| Private Process Server | $75 — $150 | Faster than sheriff; licensed required |
| Writ of Possession | $90 — $150 | Clerk fee + Sheriff service |
| Attorney Fees (Danny) | Per engagement | Recoverable if provided in lease (FS 83.48) |