An eviction in Florida is a summary proceeding, which means it is designed to move quickly. It only moves quickly, however, when every step is done correctly. A three-day notice that miscounts the days, includes late fees the lease does not authorize, or is served the wrong way gives the tenant a defense and sends the landlord back to the beginning. I’m Eric J. Goldman, and I represent landlords, property managers and investors in residential and commercial evictions in Broward County Court from my Fort Lauderdale office. I also handle the security deposit claims and damage actions that follow.
If a tenant has stopped paying, is violating the lease, or is refusing to leave after the lease ended, call (954) 536-7557 before you send anything in writing. The notice is where most evictions are won or lost.
Florida Eviction Notices: 3-Day, 7-Day and 30-Day
Chapter 83, Part II of the Florida Statutes governs residential tenancies and requires a written notice before any eviction is filed. The notice depends on the reason:
- Three-day notice for nonpayment of rent under Section 83.56(3). The notice demands the rent or possession within three days, excluding weekends and legal holidays, and must state the exact amount of rent due. Late fees and other charges may only be included if the lease defines them as rent.
- Seven-day notice with an opportunity to cure under Section 83.56(2)(b) for lease violations the tenant can fix, such as an unauthorized pet or occupant. If the same violation recurs within twelve months, a second notice can terminate the tenancy without a cure period.
- Seven-day notice of termination without cure under Section 83.56(2)(a) for serious violations such as intentional property damage or repeated disturbances.
- Notice to end a periodic tenancy under Section 83.57. A month-to-month tenancy now requires at least 30 days‘ written notice before the end of the monthly period following a 2023 amendment; a week-to-week tenancy requires 7 days, and a year-to-year tenancy 60 days.
Delivery matters as much as content. The notice must be mailed, hand-delivered, or, if the tenant is absent, posted conspicuously at the premises. I prepare the notice, calculate the deadline, and document service so that the file is ready to go to court the moment the notice expires.
Filing in Broward County Court
Once the notice period runs, the eviction complaint is filed in Broward County Court at the courthouse on SE 6th Street in Fort Lauderdale, or at one of the satellite courthouses depending on the property’s location. The complaint for possession is served by a process server or the Broward Sheriff, and because it proceeds under the summary procedure of Section 51.011, the tenant has only five business days to answer the possession count. If the tenant contests a nonpayment eviction, Section 83.60(2) requires the tenant to deposit the rent alleged to be due into the court registry, and a tenant who fails to do so waives the defenses and is subject to an immediate default judgment for possession.
A claim for unpaid rent and damages can be joined in the same lawsuit, and the tenant has 20 days to respond to that count. Whether to include the money claim depends on whether the tenant is collectible and whether it will slow the possession count, and I discuss that with each landlord before filing.
Timelines
An uncontested nonpayment eviction in Broward, where the tenant does not answer and no registry deposit is made, typically produces a final judgment for possession within two to four weeks of filing. The clerk then issues a writ of possession, and under Section 83.62 the Broward Sheriff’s Office posts a 24-hour notice before removing the tenant. A contested eviction with a hearing runs four to eight weeks. Commercial evictions under Chapter 83, Part I follow a similar summary track but are governed by the lease’s own notice and cure provisions, which are often longer. My article on how to legally evict a tenant in Florida walks through each stage in more detail, and this guide to Florida eviction notice periods covers the notice rules.
Tenant Defenses I Prepare For
Broward judges see a steady flow of evictions, and they dismiss the ones with procedural defects. The defenses I most often see raised, and prepare the landlord’s file to withstand, include a defective or miscalculated notice; a claim that the landlord accepted rent after serving the notice, which can waive the default; a retaliation claim under Section 83.64 after the tenant complained to code enforcement or requested repairs; a claim that the landlord failed to maintain the premises under Section 83.51 and the tenant properly withheld rent after a seven-day notice; and, for properties with a mortgage or in an association, a claim that the wrong party is the landlord. Most of these are avoided by getting the notice and the file right before anything is filed.
Security Deposit Claims After the Tenant Leaves
When the tenant moves out, Section 83.49(3) gives the landlord 30 days to send a written claim on the security deposit by certified mail, stating the amount and the reason. The tenant then has 15 days to object. A landlord who misses the 30-day deadline forfeits the right to claim against the deposit, though not the right to sue for damages separately. I prepare the deposit claim, respond to objections, and file county court actions for damages exceeding the deposit. Tenants disputing a deposit claim can read when a Florida landlord can keep the security deposit; landlords should assume the tenant has read it too.
Landlord Representation Beyond Evictions
Eviction is one piece of a landlord’s legal needs. I also draft and review leases so that the rent, fees, notice addresses and remedies hold up in Broward County Court, respond to tenant repair demands and habitability claims, handle lease terminations and buyouts, and advise on the 2023 state preemption of local tenant ordinances. The full range of that work is described on my landlord-tenant attorney page. Investors buying or selling tenant-occupied property in Broward can also see my Broward County real estate attorney page.
Frequently Asked Questions
How much does an eviction cost in Broward County?
Court filing fees, sheriff or process server fees and the writ of possession together run a few hundred dollars, and I quote uncontested residential evictions on a flat attorney’s fee. A contested eviction that goes to hearing costs more, and the lease usually allows the prevailing landlord to recover attorney’s fees from the tenant.
Can I change the locks or shut off the utilities instead?
No. Section 83.67 prohibits self-help evictions, including lockouts, utility shutoffs and removing doors or belongings, and a landlord who does so is liable for three months’ rent or actual damages, whichever is greater, plus the tenant’s attorney’s fees. The court process is the only lawful route.
Can I evict a tenant whose lease has expired?
If the lease ended and the tenant stayed, the tenant is a holdover. Depending on whether rent was accepted after expiration, either a notice to terminate a periodic tenancy or a demand for possession is required first. Under Section 83.58, a holdover tenant who stays without the landlord’s consent can be liable for double rent for the holdover period.
Do you handle commercial evictions?
Yes. Commercial evictions in Broward follow the lease’s notice provisions and Chapter 83, Part I, and they frequently involve personal guaranties, tenant improvements and disputes over CAM charges that need to be resolved alongside possession.
Talk to a Fort Lauderdale Eviction Attorney
If you are a landlord dealing with a non-paying or non-compliant tenant anywhere in Broward County, call (954) 536-7557 or use the contact page. I’ll review the lease and the facts and tell you exactly which notice to serve and what to expect.