How to evict a tenant in Florida: notices, court and the writ

How does the Florida 3-day notice for unpaid rent work?

Section 83.56(3) of the Florida Statutes says that when rent is unpaid and the default continues for 3 days, excluding Saturday, Sunday and legal holidays, after delivery of a written demand for payment or possession, the landlord may terminate the rental agreement. For this section the holidays that count are court-observed holidays only. The notice has to state the amount owed, the address including the county, and a date by which the tenant must pay or leave. The statute gives a form to follow "in substantially" its wording, and it adds the landlord's name, address and phone number.

Delivery is by mailing or handing over a true copy or, if the tenant is not home, leaving a copy at the residence (83.56(4)). Subsections (1) through (3) cannot be waived in the lease, so a lease clause that cuts the notice does nothing.

Accepting rent can undo your notice. Under 83.56(5)(a), taking rent with actual knowledge of a violation waives the right to end the lease for that violation. Partial rent is the exception: you do not waive by taking it, but if it comes in after the 3-day notice is posted you must do one of three things, give the tenant a receipt that states the date, the amount and the new balance, put the partial rent in the court registry when you file, or post a new 3-day notice with the new amount.

What about other breaches and month-to-month tenants?

For a breach that is not unpaid rent, 83.56(2) splits two ways. If the breach is one the tenant should not get a chance to fix, such as intentional damage or a repeated unreasonable disturbance, the landlord delivers a notice ending the lease, and the tenant has 7 days from delivery to leave. If the tenant should get a chance to fix it, such as an unauthorized pet or guest, the notice demands a fix within 7 days or the lease is terminated. The same conduct again within 12 months allows an eviction action without a new notice.

A tenancy with no set end date is closed under 83.57 by written notice given in the 83.56(4) way: at least 60 days before the end of a yearly period, 30 days for quarter-to-quarter or month-to-month, and 7 days for week-to-week.

How do you file, and what is the court registry deposit?

Under 83.59, once the rental agreement is terminated and the tenant does not leave, you recover possession by filing a complaint in the county court of the county where the unit sits. The landlord is entitled to the summary procedure in section 51.011, and the court advances the case on its calendar. A landlord's agent may file the first complaint but may take no further step in the case unless the agent is an attorney.

The summons tells the tenant what 83.60(2) requires: if the tenant raises any defense other than payment, including a defective 3-day notice, the tenant must pay the rent alleged in the complaint, plus rent that comes due during the case, into the court registry, or file a motion to determine the amount, within 5 days excluding Saturdays, Sundays and legal holidays after service. A tenant who does neither waives defenses other than payment, and you are entitled to an immediate default judgment with a writ of possession. Under 83.60(1)(a) the court must give you a chance to fix a defect in the notice or pleadings before dismissing.

Who carries out the eviction?

After judgment for the landlord, the clerk issues a writ to the sheriff, who puts the landlord in possession after 24 hours' notice posted conspicuously on the premises; weekends and holidays do not stop that 24-hour clock (83.62(1)). Once the writ is executed, you may remove personal property found on the premises to or near the property line, and you may ask the sheriff to stand by while you change the locks, though the sheriff may charge a reasonable hourly rate for that (83.62(2)).

Example a made-up landlord hand-delivers a 3-day notice on Monday, December 7, 2026. Tuesday, Wednesday and Thursday are the three days, so the default continues through Thursday, December 10. The landlord files on Friday, December 11. If the tenant is served on Monday, December 14 and files a defense, the registry deposit is due by Monday, December 21 (five business days). If judgment follows, the sheriff posts the 24-hour notice before carrying out the writ.

What can a Florida landlord never do to push a tenant out?

Section 83.67 lists the prohibited practices. A landlord may not directly or indirectly cut off or interrupt utility service, including water, heat, light, electricity, gas, elevator, garbage collection or refrigeration, whether or not the landlord pays the bill. A landlord may not keep the tenant out by changing the locks or using a bootlock. And a landlord may not remove the tenant's belongings except after surrender, abandonment, a lawful eviction or the death of the last tenant under 83.59(3)(d). Section 83.59(3) adds that possession is recovered only through the court process, surrender or abandonment.

A landlord who breaks 83.67 owes actual and consequential damages or three months' rent, whichever is greater, plus costs and attorney's fees, and repeated violations that are not contemporaneous with the first can each carry a separate award. A violation also counts as irreparable harm for an injunction.

• Counting calendar days when the 3-day notice excludes weekends and court holidays.
• Taking a partial payment after the notice without the receipt, registry deposit or new notice that 83.56(5)(a) requires.
• Letting a non-attorney agent do more than file the complaint.
• Changing the locks before the sheriff has executed the writ.

Where does DoorKeeping fit?

DoorKeeping keeps each property's lease, rent ledger and the notices you send together, which is the paper trail a court asks for. You still serve the notice and file the case yourself. DoorKeeping gives general information, not legal advice. Check the current statute and your court's local rules, and talk to a local attorney if the case is contested.

Sources

1. Florida Statutes 83.56, Termination of rental agreement (The Florida Senate), read Oct 30, 2026
2. Florida Statutes 83.59 and 83.60, Right of action for possession; defenses (The Florida Senate), read Oct 30, 2026
3. Florida Statutes 83.62 and 83.67, Restoration of possession; prohibited practices (The Florida Senate), read Oct 30, 2026

Questions

How long is a Florida eviction notice for unpaid rent?

Three days, not counting Saturday, Sunday or court-observed holidays, after delivery of a written demand (83.56(3)).

What is the registry deposit in a Florida eviction?

A tenant who raises a defense other than payment must pay the alleged rent into the court registry within 5 business days of service or lose those defenses (83.60(2)).

Can a Florida landlord change the locks?

Not to keep a tenant out. Section 83.67(2) bars it, and the penalty is actual damages or three months' rent, whichever is greater.