In Florida, a landlord cannot simply change the locks on a tenant who stops paying. You must give written notice, file an eviction case in county court, win a judgment, and have the sheriff carry out a writ of possession. If you would rather not go through that, you can also sell the property with the tenant still in it.
This guide covers the steps and deadlines in Florida’s landlord-tenant law (Chapter 83, Part II) and what to think about if you want to sell.
What notice do I give a Florida tenant who stops paying rent?
For unpaid rent, Florida uses a written three-day notice. The tenant has 3 days, not counting Saturday, Sunday and legal holidays, to pay the rent or move out (Fla. Stat. § 83.56(3)). If the tenant does neither, you can end the lease and file for eviction.
Be careful about taking money after you serve the notice. If you accept rent knowing the tenant is in violation, you can waive your right to evict for that violation. The statute has specific rules for partial payments, so read it or ask an attorney before you take any money (Fla. Stat. § 83.56(5)).
What if the problem is not rent?
For other lease violations, the notice period is 7 days. Some problems, like an unauthorized pet or guest, can be fixed, so the tenant gets 7 days to fix it. Others, like intentional damage to the property, cannot, and the tenant gets 7 days to move out (Fla. Stat. § 83.56(2)).
What if the lease has ended or there is no lease?
For a month-to-month tenant, either side can end the tenancy with at least 30 days’ written notice before the end of a monthly period. Week-to-week takes 7 days, and year-to-year takes 60 days (Fla. Stat. § 83.57).
What are the steps of a Florida eviction?
After the notice period runs out, you file an eviction complaint with the clerk in the county where the property is. Eviction cases use Florida’s summary procedure, which moves faster than most lawsuits. Here is the usual order:
- File the complaint and have the tenant served. The tenant must file an answer within 5 days after service (Fla. Stat. § 51.011). The Orange County Clerk notes the 5 days do not count weekends and legal holidays (Orange County Clerk, Evictions).
- If the tenant raises any defense other than “I paid,” the tenant must pay the rent the complaint says is due, plus rent that comes due during the case, into the court registry, or file a motion asking the court to set the amount. If the tenant does neither, the landlord is entitled to an immediate default judgment for possession (Fla. Stat. § 83.60(2)).
- If the tenant does not respond, or the court rules for you, the clerk issues a writ of possession.
- The sheriff posts the writ on the property. After 24 hours, not counting weekends and legal holidays, the sheriff puts you back in possession (Fla. Stat. § 83.62). You may then remove the tenant’s belongings to or near the property line.
How long does it take? In our experience buying houses with occupants, a Florida eviction usually takes about 6 to 16 weeks. It depends on the county or city court, whether there was a written lease, and whether the person in the house is a tenant, a guest who stayed, or a squatter. A case the tenant does not fight moves much faster than one that goes to a hearing. Removing squatters or other occupants who never had a lease can follow a different process, so ask an attorney which one fits your situation.
How much does an eviction cost?
Fees vary by county. As one example, the Orange County Clerk lists a $185 county civil filing fee, $10 per summons, $40 per defendant served by the sheriff, and $90 for a writ of possession. Attorney fees, lost rent and repairs are extra.
Can I change the locks or shut off utilities instead?
No. Florida law bars a landlord from cutting off utilities, blocking the tenant’s access to the unit, or removing doors, windows or the tenant’s belongings (except after a lawful eviction, surrender or abandonment). A landlord who does this can owe the tenant actual and consequential damages or 3 months’ rent, whichever is greater, plus court costs and attorney’s fees (Fla. Stat. § 83.67). “Self-help” eviction almost always costs more than the court process.
Can I sell a Florida rental with a tenant still living there?
Yes. In general, selling the property does not cancel an existing lease. The buyer usually takes over as the new landlord under the same lease terms. That is why the lease, the rent history and any notices you have served matter to a buyer.
Security deposits and advance rent move with the property. When a rental is sold, Florida law says the seller must transfer the deposits and advance rent, with any interest owed, to the new owner along with an accurate accounting (Fla. Stat. § 83.49(7)). Once that is done and the new owner signs a receipt, the seller is released from holding those funds.
Should I finish the eviction before I sell?
It depends on your goals. A retail buyer using a mortgage often wants the property vacant, which can mean months of waiting, lost rent and repair costs. A cash buyer who buys occupied houses can close with the tenant in place, so you do not have to finish the eviction yourself. If you already filed a case, talk to your attorney about how a sale affects it.
How All About Real Estate can help
All About Real Estate LLC buys property directly for cash in all 67 Florida counties and has since 2014: single-family homes, condos, townhomes, and multifamily from duplexes to apartment buildings. We buy homes with tenants, occupants or squatters still living in them, so you do not have to finish an eviction first. We buy as-is, so you do not have to fix tenant damage or clean out the unit. We usually make a written offer within 24 hours and can close in as little as 7 days. We pay closing costs, and there are no commissions.
Before you sign with any buyer, read what to ask a cash buyer. Learn how we buy houses, or visit our Orange County, Broward County and statewide pages.
Call, text or WhatsApp (786) 753-8500, 24/7, or contact us online. Se habla español. Vorbim românește.
Frequently asked questions
How long does a tenant have to pay after a 3-day notice in Florida?
Three days, not counting Saturdays, Sundays and legal holidays. If the tenant does not pay or move out in that time, the landlord can end the lease and file an eviction case in county court.
Can a Florida landlord lock out a tenant who won’t pay?
No. Changing the locks, shutting off utilities or removing the tenant’s belongings without a court order is prohibited. The landlord can owe the tenant at least 3 months’ rent plus attorney’s fees.
How long does a tenant have to answer an eviction lawsuit in Florida?
Five days after being served, not counting weekends and legal holidays. To raise defenses other than payment, the tenant must also pay the rent claimed into the court registry or ask the court to set the amount.
How much notice does a month-to-month tenant get in Florida?
At least 30 days’ written notice before the end of a monthly rental period. Week-to-week tenancies need 7 days, and year-to-year tenancies need 60 days.
Can I sell my rental property with tenants in it?
Yes. A sale generally does not end the lease, and the buyer becomes the new landlord. The seller must transfer security deposits and advance rent to the new owner. All About Real Estate buys homes with tenants, occupants or squatters still in them, so you do not have to wait for the unit to be vacant.
How long does an eviction take in Florida?
In our experience, about 6 to 16 weeks from the first notice. It depends on the county or city court, whether there was a written lease, and whether the occupant is a tenant or a squatter. Contested cases take longer.
This article is general information, not legal or tax advice. Talk to a Florida attorney or CPA about your situation.
By Petru Pusta, owner of All About Real Estate LLC. Petru is a licensed Florida real estate broker (BK3293808) with Kariza Capital Realty LLC.
Sources
- Fla. Stat. § 83.56 (2026), Termination of rental agreement
- Fla. Stat. § 83.57 (2026), Termination of tenancy without specific term
- Fla. Stat. § 51.011 (2026), Summary procedure
- Fla. Stat. § 83.60 (2026), Defenses to action for rent or possession
- Fla. Stat. § 83.62 (2026), Restoration of possession to landlord
- Fla. Stat. § 83.67 (2026), Prohibited practices
- Fla. Stat. § 83.49 (2026), Deposit money or advance rent
- Orange County Clerk of Courts, Evictions
