Say a landlord in Pompano Beach has a tenant who stopped paying rent two months ago. The landlord changes the locks while the tenant is at work, stacks the tenant’s belongings on the curb, and shuts off the water. That landlord just committed a crime under Florida Statute §83.67. The tenant can sue for actual damages, attorney fees, and in some cases, punitive damages. Florida doesn’t care how much rent you’re owed. Self-help evictions are illegal, period.
The only legal path to remove a tenant in Florida is through the courts. Chapter 83, Part II of the Florida Statutes lays out the exact sequence. Skip a step or serve the wrong notice, and the judge dismisses your case. You start over from scratch, losing weeks and thousands in unpaid rent.
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What Legally Justifies an Eviction in Florida
Florida law allows evictions for specific reasons under §83.56. The most common is nonpayment of rent. The tenant doesn’t pay what’s due when it’s due, and you can start the eviction process the next day.
Lease violations fall into two categories. Curable violations include things like unauthorized pets, extra occupants, or parking violations. The tenant gets a chance to fix the problem. Uncurable violations cover illegal activity on the premises — manufacturing drugs, using the unit for prostitution, or any criminal activity. No fix, no second chance.
Month-to-month tenancies can be terminated without cause, but §83.57 requires proper notice. You need to give at least 30 days’ written notice before the end of a rental period for a month-to-month lease. If the tenant caused the termination (for example, repeated late payments that don’t quite trigger a formal eviction), you can use 15 days. Year-to-year leases require 60 days. Week-to-week leases need 15 days.
Florida passed a separate anti-squatter law effective July 1, 2024. It applies to people occupying your property who were never tenants in the first place — no lease, no agreement, no payment history. That process runs through Chapter 82 as an unlawful detainer action, and it moves faster than a standard eviction. But if the person was ever a legitimate tenant, even years ago, you’re stuck with the full eviction process under Chapter 83.
The Notice Requirement You Cannot Skip
Every eviction starts with written notice. The type of notice depends on why you’re evicting.
For nonpayment of rent, you serve a three-day notice. The notice must state the exact amount owed — down to the dollar. If you’re off by even $50, the notice is defective and the case can be thrown out. The three days exclude weekends and legal holidays. So if you serve the notice on a Thursday, day one is Friday, day two is Monday, day three is Tuesday. You can file your eviction complaint on Wednesday if the tenant hasn’t paid.
The three-day notice must give the tenant the option to pay or vacate. You can’t just demand they leave. The statute requires you to accept payment during those three days if they offer it.
Curable lease violations get a seven-day notice to cure. The notice has to specify exactly what the tenant did wrong and what they need to do to fix it. “Violation of lease terms” doesn’t cut it. Example language that works: “You are keeping a dog in the unit in violation of Section 12 of your lease, which prohibits pets. You must remove the dog within seven days or vacate the premises.”
Uncurable violations also get a seven-day notice, but it’s an unconditional notice to quit. No chance to fix it — just get out.
You can deliver the notice by hand, by mail, or by posting it on the door if the tenant is gone and you don’t have a forwarding address. Most landlords use certified mail with a copy posted on the door to create a paper trail.
A common mistake that kills cases is using an internet template and filling it out incorrectly. The amount is incorrect. The days are calculated wrong. The lease violation is described too vaguely. The judge dismisses the case at the first hearing, and you’ve just burned four weeks and filing fees.
Filing the Eviction Complaint in County Court
Once the notice period expires and the tenant hasn’t complied, you file a complaint in the county court where the property is located. Broward County cases get filed in Broward. Palm Beach cases get filed in Palm Beach. The filing fee runs around $185, though it varies slightly by county.
The complaint is called a Complaint for Eviction or Complaint for Removal of Tenant. Attach a copy of the lease and a copy of the notice you served. You’re asking the court for two things: possession of the property and any unpaid rent or damages.
You can represent yourself as a landlord if you own the property individually. If the property is owned by an LLC or a corporation, Florida law requires you to hire an attorney. Non-lawyer owners of business entities cannot represent the entity in court.
After you file, the clerk issues a summons. A sheriff’s deputy or a certified process server must personally serve the tenant. You can’t just mail it. The tenant receives a copy of the summons and the complaint.
The tenant has five business days to respond — business days, not calendar days. If they’re fighting the eviction, they file a written answer with the court. If the eviction is for nonpayment and they want to contest it, they must also deposit the disputed rent amount into the court registry. If they don’t deposit the rent, the judge may enter a default judgment.
What Happens at the Eviction Hearing
If the tenant doesn’t respond within five days, you can request a default judgment. The clerk schedules a quick hearing, you show up with your paperwork, and the judge signs the judgment. Total time from filing to judgment in an uncontested case is typically two to three weeks.
If the tenant files an answer, the court schedules a hearing. In Broward County, that hearing usually happens within five to ten days of the tenant’s response. The hearing is not a full trial — you typically get 15 minutes. Bring your lease, your notice, your proof of service, your ledger showing unpaid rent, and any other documents that support your case.
Common tenant defenses include:
- The landlord failed to make repairs and the tenant withheld rent under Florida’s repair-and-deduct statute. This defense requires written notice to the landlord, a reasonable time to fix the problem, and a defect that materially affects health and safety. Minor issues like a leaky faucet generally don’t qualify.
- The notice was defective (wrong amount, wrong address, insufficient time, improper service). If the tenant proves the notice was wrong, your case can be dismissed.
The judge rules on possession at the hearing. If you win, the judge signs a final judgment for possession. If the tenant deposited rent into the registry and the judge rules in your favor, you may receive that money. If the tenant didn’t deposit anything, you can obtain a separate money judgment for unpaid rent and damages, but collecting it may be difficult.
Most residential evictions that go to hearing take four to eight weeks from start to finish. Commercial evictions can take longer depending on lease terms and whether the tenant has legal representation.
Getting the Tenant Out After You Win
Winning the judgment doesn’t mean the tenant leaves immediately. You still need a writ of possession.
After the judge signs the final judgment, return to the clerk’s office and request the writ. There’s usually a small additional fee. The clerk issues the writ and sends it to the sheriff’s office.
A deputy posts the writ on the door. The tenant then has 24 hours to vacate — 24 actual hours, not business hours. If the tenant remains after 24 hours, the sheriff returns and physically removes them. The landlord may be present. The tenant’s belongings are placed outside, and the landlord can change the locks at that point — but not before the sheriff authorizes it.
Landlords who change locks after the judgment but before the writ is executed are still violating §83.67. You cannot take possession without the sheriff, even if you have a judgment.
What Happens If You Cut Corners
Many landlords think they can skip the court process because the tenant “deserves it.” They change the locks, shut off utilities, or remove the tenant’s property. Then the tenant sues.
Florida Statute §83.67 makes self-help evictions illegal and gives tenants the right to sue for actual damages and attorney fees. Actual damages can include hotel costs, replacing damaged or stolen belongings, and lost wages from time spent dealing with the illegal lockout. Attorney fees means the tenant’s lawyer can be paid by the landlord.
In some cases, tenants can recover punitive damages if the landlord’s conduct was particularly egregious — for example, shutting off power in the summer to a unit with an infant. Depending on how the illegal eviction is carried out (threats, physical intimidation, destroying property), it can also cross into criminal conduct. Broward County has prosecuted landlords for battery and criminal mischief in eviction situations that escalated.
Even when you follow the process perfectly, contested evictions take time. A tenant with a lawyer who files motions can stretch a case to two or three months. That’s two or three months of no rent, attorney fees, and court costs. It’s frustrating, but the alternative is worse.
When the Process Takes Longer Than Expected
Evictions are only quick if the tenant doesn’t fight. A tenant who hires an attorney and raises legitimate defenses can extend the case significantly. Repair issues, allegations of discrimination, or claims that the landlord violated the lease first require the judge to hear evidence, which can mean a longer hearing or a full trial.
Other common delays:
- Bankruptcy: If a tenant files for bankruptcy, an automatic stay pauses the eviction. You must file a motion in bankruptcy court to lift the stay before proceeding in county court.
- Motion to determine rent: If there’s a dispute about how much rent is owed (partial payments, late fees), the court must resolve the accounting before a judgment.
- Commercial evictions: These often take longer because commercial leases may include longer cure periods and commercial tenants are more likely to have lawyers.
- Mortgage or foreclosure issues: If the property has a mortgage, check loan documents — some lenders require notice before you file an eviction. If the property is in foreclosure, you might not have the right to evict.
Filing in the Right County and Following Local Rules
Florida counties have their own procedures in addition to state statutes. Broward County and Palm Beach County have different requirements and forms. Miami-Dade has its own local rules and a more crowded docket.
The complaint must be filed in the county where the property is located. Some counties require specific forms available on the clerk’s website; others are more flexible. Local rules can affect how quickly hearings are scheduled and whether you need a separate motion for default judgment. Missing a local rule can delay your case by weeks.
You can find county court clerk websites and download local rules, or hire an attorney familiar with local practice.
The Cost of Doing This Right
Costs include filing fees, service of process, attorney fees, and lost rent during the process.
- Filing fee: around $185 (varies by county)
- Service by sheriff: usually $40–$60
- Contested residential eviction with an attorney in South Florida: typically $1,500–$3,000 or more if it drags out
Lost rent is often the largest cost. If the process takes six weeks and the tenant hasn’t paid in two months, you may lose three months of rent. For example, at $2,000/month, that’s $6,000.
You can obtain a money judgment for unpaid rent and damages, but collecting it can be difficult if the tenant has no assets or income to garnish. Judgments can be renewed for 20 years under Florida law, but many landlords never collect.
The cost of doing it wrong is higher: a tenant who sues you for an illegal eviction can recover significant damages and attorney fees, and you can still be without possession.
You Can’t Skip Steps Even If the Tenant Abandoned the Unit
Landlords sometimes assume a unit is abandoned because the lights are off, furniture is gone, and no one has been seen for weeks. Florida law still requires the eviction process unless the tenant surrendered possession in writing or returned the keys. Tenants sometimes leave temporarily and return. If you’ve cleared out belongings and changed the locks, you may have committed an illegal eviction.
The safer move is to serve notice and file the eviction. If the tenant doesn’t respond, obtain a default judgment and a writ of possession, then re-rent legally.
Some landlords try to use the abandonment statute, §83.59(3)(d), which allows retaking possession if the tenant is absent and hasn’t paid rent for at least 15 days. Even then, you must handle personal property according to the statute and store it for at least 18 hours. You cannot simply discard everything.
The risk of guessing wrong is too high. File the case.
If You’re a Tenant Reading This
Everything above applies in reverse. Your landlord must follow the same steps. If they don’t, you have legal options.
If your landlord locked you out, shut off your utilities, or removed your property without a court order, you can sue under §83.67. You can file an emergency motion to get back into the unit and sue for damages simultaneously.
If you’re being evicted for nonpayment and want to fight it, you have five business days to file an answer and deposit the rent into the court registry. Miss that deadline and you risk losing by default.
If you’re being evicted for a lease violation you believe is incorrect, get a lawyer immediately. Timelines are short and procedural mistakes are fatal.
Tenants can raise defenses such as the landlord’s failure to maintain the property, the landlord violating the lease first, or retaliation for complaining to code enforcement. These defenses are real but must be asserted properly and on time.
Evictions are public records and appear on background checks. Fighting an eviction you are likely to lose can make it harder to rent in the future. Sometimes negotiating a move-out date and avoiding a judgment is the smarter option.
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The Eviction Process Doesn’t Fix Bad Tenant Screening
Landlords who repeatedly face evictions likely have a screening problem. Running a basic credit check and calling one reference isn’t enough.
Florida law allows landlords to check criminal history, eviction history, credit, employment, and prior landlords. Use all available checks. A tenant who was evicted twice in the last three years is more likely to be evicted again.
Best practices:
- Require proof of income of at least three times the rent and verify employment directly with the employer.
- Charge a meaningful security deposit. Florida law allows up to two months’ rent as a deposit, though one month is common.
- Use a clear, well-drafted lease that specifies late fees, cure periods, what violations are curable vs. uncurable, and tenant maintenance responsibilities.
None of this prevents every eviction. Emergencies happen. But better screening means fewer evictions, less time in court, and more rent collected.
If you’re holding keys to a property in South Florida and a tenant isn’t paying, the clock is already running. Waiting doesn’t make it easier. Serve the notice, file the case, and follow the statute exactly. Shortcuts lead to courtrooms where you’re the defendant instead of the plaintiff.
