This guide is written for landlords. If you're a tenant with questions about your rights during an eviction, Florida's Tenant Rights resources can help.
No landlord wants to deal with an eviction. But if you own rental property in Orlando long enough, chances are you'll face one. When that day comes, understanding the Florida eviction process for landlords isn't optional — it's the difference between resolving the situation in a few weeks and watching it drag on for months.
This guide walks Orlando landlords through every stage of the Florida eviction process, from the initial notice through final removal, including the updated rules that took effect in 2025.
What You Need to Know Before Starting the Florida Eviction Process
Florida law governs residential evictions under Chapter 83 of the Florida Statutes. Every eviction — no matter the reason — must go through the court system. There are no shortcuts.
Landlords cannot legally change the locks, shut off utilities, remove a tenant's belongings, or physically remove a tenant themselves. Only a sheriff with a court-issued Writ of Possession can do that. Attempting a so-called "self-help eviction" exposes you to significant legal liability and can result in the tenant suing you for damages.
Document everything from day one. Signed leases, payment records, written communications, inspection photos, and notice delivery confirmations are all critical if the case ends up in front of a judge.
Legal Grounds for Eviction in Florida
Before serving any notice, confirm you have a legally valid reason. Florida recognizes the following grounds for eviction:
Non-payment of rent — The most common reason. Florida law provides no automatic grace period unless your lease specifies one, so rent is due on the date listed in the agreement.
Lease violation — This includes unauthorized pets, unauthorized occupants, property damage beyond normal wear and tear, noise violations, and other breaches of the lease terms.
Illegal activity — Drug activity, criminal conduct on the premises, or other illegal use of the rental unit.
End of lease / holdover tenant — A tenant who remains in the unit after their lease has expired without signing a new agreement.
Month-to-month termination — Florida law allows landlords to end a month-to-month tenancy without cause by providing 30 days' written notice before the rental period ends.
Step 1: Serve the Correct Written Notice
The type of notice you serve depends entirely on the reason for the eviction. Serving the wrong notice — or serving it incorrectly — can void the entire process and force you to start over.
3-Day Notice to Pay or Quit Used for non-payment of rent. The tenant has three business days (excluding weekends and legal holidays) to pay the full amount owed or vacate. The notice must state the exact amount due and where payment can be made. Even a small error in the dollar amount can invalidate the notice.
7-Day Notice to Cure Used for curable lease violations. The tenant has seven days to correct the violation. If they fix it within that window, the eviction stops. If they don't, you can proceed to file.
7-Day Unconditional Quit Notice Used for violations that cannot be cured — intentional property damage, illegal activity, or a repeated violation within a 12-month period. The tenant has seven days to vacate with no opportunity to remedy the situation.
30-Day or 60-Day Notice Used to terminate a month-to-month tenancy (30 days) or a year-to-year tenancy (60 days) without cause.
How to deliver notice: Florida law permits delivery by personal service, posting on the door if the tenant is absent, certified mail, or — as of July 1, 2025 under House Bill 615 — by email, but only if both parties have agreed to electronic notice in writing via a lease addendum. Note that the email option does not apply to official court documents like the summons or Writ of Possession.
Keep a copy of every notice and a written record of how and when it was delivered.
Step 2: File — The Florida Eviction Process for Landlords Moves to Court
If the tenant does not comply with the notice within the required timeframe, your next step is filing a formal eviction lawsuit — also called an Unlawful Detainer action — with the county court where the property is located.
You'll need to file:
- A Complaint for Eviction (and Damages, if you're also seeking unpaid rent)
- A copy of the lease agreement
- A copy of the notice you served and proof of delivery
- A Summons form
Filing fees typically run between $100 and $300 depending on the county. Always use the latest versions of the forms, available directly from your county court's website — Orange County, Osceola County, and Seminole County each have their own clerk portals.
Step 3: Serve the Tenant with the Summons and Complaint
After filing, the Summons and Complaint must be formally served on the tenant by the county sheriff or a certified process server. The tenant then has five business days to respond in writing and contest the eviction.
If the tenant does not respond within five days, you can request a default judgment from the court — which typically moves the process forward much faster.
Step 4: Attend the Court Hearing
If the tenant contests the eviction, the court will schedule a hearing where both sides present their case. Bring every document you have: the lease, all notices with delivery proof, payment records, photos, written communications, and any other relevant evidence.
Common tenant defenses include improper notice, incorrect amounts on the 3-day notice, habitability issues, or claims of retaliation. A well-documented case significantly reduces your exposure to these arguments.
If the judge rules in your favor, they will issue a Final Judgment of Eviction.
Step 5: Obtain and Execute the Writ of Possession
After the Final Judgment, you must request a Writ of Possession from the court clerk. The sheriff will post a 24-hour notice on the property. If the tenant has not vacated after 24 hours, the sheriff will return to physically remove the tenant and their belongings.
You or your property manager should be present when the sheriff executes the writ so you can immediately change the locks and secure the property.
How Long Does the Florida Eviction Process Take?
An uncontested eviction — where the tenant doesn't respond or fight the filing — can be resolved in as little as three to four weeks from notice to removal. A contested eviction, where the tenant responds and requests a hearing, typically takes six to eight weeks. Cases involving appeals or complex legal defenses can stretch considerably longer.
Here's a general timeline breakdown:
- Notice period: 3–7 days (depending on notice type)
- Filing and service: 1–2 weeks
- Court hearing: 1–2 weeks after service
- Writ of Possession: 1–2 weeks after judgment
- Final removal: 24 hours after writ is posted
Mistakes That Will Derail Your Eviction
Accepting rent after serving notice. Accepting any rent payment after serving a 3-day notice can be interpreted as waiving your right to evict for that nonpayment. Consult an attorney before accepting partial payments.
Wrong amount on the 3-day notice. The notice must state the exact rent owed — not fees, not late charges, just rent. Overcharging voids the notice.
Improper delivery. Failing to serve the notice in a legally compliant manner gives the tenant grounds to challenge the entire process.
Not documenting delivery. If you can't prove the tenant received the notice, you're starting over.
Filing in the wrong county. File where the property is located, not where the tenant lives or where you live.
Handling a Tenant's Abandoned Property After Eviction
If a tenant leaves personal property behind after an eviction, Florida law requires you to notify them in writing. The notice must describe the abandoned items, advise that you may charge storage costs, and give the tenant at least 10 days (if personally delivered) or 15 days (if mailed) to claim the property. If the tenant doesn't respond, you can sell or dispose of the items per Florida Statute §715.10–715.111.
The Easier Path: Let a Property Manager Handle It
The Florida eviction process for landlords is stressful, time-consuming, and full of procedural traps that can set you back weeks if you make a single error. The best outcome for any Orlando landlord is never needing to file one — which starts with placing the right tenant in the first place.
At JAG Property Management, we handle every aspect of the landlord-tenant relationship, from thorough tenant screening that reduces your eviction risk to managing the notice and documentation process if a situation does escalate. Our team knows Orange County's court procedures and filing requirements inside and out.
If you're dealing with a problem tenant or want to protect yourself from ever being in that position, contact JAG Property Management today to learn how we can help.
JAG Property Management serves residential rental property owners throughout Orlando and Central Florida, including Apopka, Baldwin Park, Lake Mary, Longwood, Maitland, and Winter Park.
