The eviction process in Florida, step by step

The question this answers: “Under the Florida Residential Landlord and Tenant Act, what notice must my landlord give before evicting me from my apartment, and how does the eviction process work?”

Notice Requirements Before a Florida Eviction

Florida law requires a landlord to give you proper written notice before any eviction lawsuit can be filed — skipping or botching this step is a complete bar to the eviction. [9] The specific notice required depends on why the landlord wants to evict you.

1. Eviction for Not Paying Rent

The landlord must deliver a written 3-day notice (excluding Saturdays, Sundays, and legal holidays) demanding that you either pay the overdue rent or vacate the premises. [1][9] The notice must contain specific statutory language, including the amount owed, the address of the property, and the landlord's name, address, and phone number. [1]

Important mailing rule: If the landlord sends this notice by mail rather than handing it to you directly, five additional days must be added to the 3-day period. [4][6] Courts have thrown out eviction cases where the landlord mailed the notice but failed to add those five days. [4][6]

2. Eviction for Violating the Lease (Non-Rent Issues)

If the landlord claims you violated the lease in some other way — such as having an unauthorized pet or disturbing neighbors — the process differs. [1]

• For curable violations (things you can fix), the landlord must give you a 7-day written notice specifying exactly what you did wrong and giving you the chance to correct it. [1][10]
• For repeat or incurable violations, the landlord may give a 7-day notice to vacate without an opportunity to cure, but only if a prior written warning for a similar violation was given within the last 12 months. [1]

3. How Notice Must Be Delivered

The landlord may deliver notice by: mailing it, hand-delivering a copy, emailing it (if that method is set up under the lease), or — if you are absent — leaving a copy at the residence. [1] Critically, the notice requirements cannot be waived in your rental agreement. [1] If your lease requires a specific delivery method (like certified mail), the landlord must follow that method or the notice may be invalid. [4]

4. After Notice — The Eviction Lawsuit

If you do not comply with the notice (pay, cure the violation, or vacate), the landlord may file a complaint for eviction in County Court. [3][9] The complaint must describe the dwelling unit and state the facts justifying eviction — a blank or defective complaint can also defeat the eviction. [9]

Once sued, you will receive an eviction summons requiring you to act within 5 days (excluding Saturdays, Sundays, and legal holidays) from the date the papers were served on you. [7] ⚠️ This 5-day deadline is extremely short. Missing it can result in a default judgment against you, meaning you could lose without the court ever hearing your side.

Within those 5 days you must do all of the following: [7]

1. File a written answer with the court clerk explaining why you should not be evicted.
2. Deliver a copy of that answer to the landlord.
3. Pay any rent that is due into the court registry — the judge may later release it to the landlord regardless of who wins.
4. If you and the landlord disagree on the rent amount, file a written motion asking the judge to set the amount before you pay it into the registry. [7]

5. One Additional Protection: Waiver by Accepting Rent

If a landlord accepts rent from you knowing you are in violation of the lease, this can waive (give up) the landlord's right to evict based on that violation. [1] Likewise, if you pay rent knowing the landlord is in violation, certain rights may be affected as well. [1]

⚠️ Act immediately if you have received eviction papers. The 5-day response window does not pause while you look for help. Florida legal aid organizations offer free or low-cost assistance to tenants facing eviction — contacting one right away is the most important step you can take to protect your rights.