The Florida eviction process is relatively landlord friendly and efficient, taking on average only 2-3 weeks to complete vs 6 to 9 months on average in hyper-tenant friendly New York.
The Florida eviction process usually begins when a landlord gives a tenant written notice to pay their past due rent in full or vacate the property. This notice must clearly state the reason for the eviction and give the tenant a certain amount of time to either cure the issue (if the eviction is for nonpayment of rent, for example) or to move out, typically 3 or 7 days.
If the tenant does not cure the issue or move out by the date specified in the notice, the landlord can file an eviction lawsuit, also known as a “dispossession action,” with the court. If the tenant contests the eviction, the court will then schedule a hearing where both the landlord and tenant can present their arguments and evidence.
If the court finds in favor of the landlord, it will issue a judgment of eviction and a writ of possession, which authorizes the sheriff to physically remove the tenant from the property if necessary. The tenant will typically be given a final 24 hours’ notice to move out voluntarily before the writ of possession is executed, and the tenant and his or her possessions are forcibly removed.
1. Send written notice to tenant
If the tenant is delinquent on his or her rent payment, landlords can send a three day notice to quit (i.e. vacate) or pay the past due rent in full. The landlord does not have to accept anything less than the full rent amount. Notices must be sent by mail according to Florida law, so make sure you use certified mail, or some sort of delivery method that can prove the notice was served.
If the tenant has instead violated the lease agreement in some manner, such as illegally subletting the apartment or getting a dog when the lease specified no pets allowed, then the landlord must give the tenant seven days notice to correct the issue or vacate. Of course, this assumes the lease violation is fixable, such as damages or an illegal sublet situation.
The landlord can also issue a seven day unconditional quit notice if the tenant has done something very serious in violation of the lease, such as intentionally damaging the property, repeatedly violating the lease agreement or causing a major disturbance in the neighborhood.
2. Landlord files an eviction complaint
The next step is for the landlord to file a formal eviction complaint with their local county Clerk of Court or equivalent office. Once the required paperwork is filed, the tenant is given their summons both by mail, and a hard copy left on their doorstep by the Sheriff’s Office. Fees are typically paid by the landlord.
Pay careful attention to this step, and make sure to follow your local county Clerk of Court’s instructions exactly regarding number of copies, what to file etc.
3. The tenant’s response
If the tenant decides to contest the eviction, he or she will usually hire a lawyer at this point. The tenant typically has 5 days to answer the complaint with the Clerk of Court. If the tenant doesn’t respond, the judge may still issue a deferred judgment which means the judge has postponed making a decision on the eviction case. This can happen for a variety of reasons, such as wanting to give the landlord and tenant a chance to come to an agreement on their own, or if the judge needs more information before making a decision. In the context of a Florida eviction process, a deferred judgment may also be granted if the tenant is able to catch up on their rent payments or if there are other mitigating circumstances that the judge takes into account.
4. The Eviction Goes to Court
If the tenant has decided to contest the eviction, then the matter will be decided before a judge in court. Both parties will have an opportunity to present their case, with or without the help of lawyers. The judge will mediate, and if the landlord wins he or she will be given a Judgement for Possession. Note that if the tenant fails to show up for the court case, the landlord will automatically win.
5. The eviction is carried out
If the court decides in favor of the landlord, it will grant what’s called a writ of possession and have the local Sheriff’s Office carry out the eviction, and post the document on the tenant’s door. The Sheriff’s Office will serve a final 24 hours’ notice to vacate the property, and if the tenant is still there after the notice period elapses, then both the tenant and the tenant’s possessions can be forcibly removed from the property.
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In Florida, the eviction process is the same for a tenant whose lease has expired (i.e. holdover tenant) and a tenant without a lease (i.e. tenant at will). To evict the tenant, the landlord must give notice of termination of the tenancy, typically 15 days for month-to-month tenants or holdover tenants.
If the tenant hasn’t moved out after 15 days, then the landlord can proceed and file an eviction lawsuit with their local Clerk of Courts.
Afterwards, the eviction process is much the same as for any other tenant that has violated their lease or stopped paying rent. The main difference here is in the notice period. Someone without a lease is given more time in Florida to vacate.
So a month-to-month tenant with a verbal, informal lease agreement would be given 15 days’ notice to vacate vs only 3 or 7 days notice.
In order to file an eviction lawsuit in Miami-Dade County, you’ll need to follow the directions on the miamidade.gov website exactly, and pick up a Landlord and Tenant Eviction Package at the Clerk of the Courts Office.
To file an eviction action, you must provide the Clerk of the Courts Office with the correct number of the following forms, completed in advance:
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Three copies: Three-Day Notice (one original is enclosed with the package)
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One original and two copies: Complaint for Removal of Tenant (one original is enclosed with the package)
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One copy to tenant
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One copy to complainant
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One copy for the Court
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One original and two copies: Five-Day Summons (three are enclosed in the package)
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A stamped envelope addressed to the defendant
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$185 filing fee (cash, check, money order, Visa/Mastercard)
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$40 Sheriff’s Fee for each service of the Five-Day Summons per address (check, money order). You also have the option of hiring a certified process server. The Three-Day Notice can either be delivered to the property or sent through the mail. After three days, not including the day the notice is received, the Complaint for Removal of Tenant and the Five-Day Summons can be served on the tenant. If the first two attempts are unsuccessful, the documents can be posted on the residence. If the tenant does not leave the residence or fails to respond to the summons within the set time frame (five days not counting the day of service or posting, or Saturdays, Sundays, or holidays), you will need a Default Package, which you can also get at the Clerk of the Courts Office and it contains the following:
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Affidavit of Non-Payment of Rent (notarized original required)
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Non-Military Affidavit (notarized original required)
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Motion for Default and Default (original)
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Final Judgment for Removal of Tenant (original + two copies)
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Writ of Possession (original + two copies)
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You must supply two stamped envelopes (one addressed to you and one addressed to the tenant) and a check or money order for $115 made payable to “Miami-Dade County Sheriff.”
The check must be from a Miami-Dade County banking institution and have your name and address pre-printed on it.
As of this writing, it seems you must visit the Miami-Dade County Clerk of the Courts office located at 73 W. Flagler Street, Miami, Florida 33130 in order to pick up a landlord tenant eviction package which contains all the necessary documents you’ll need to file an eviction lawsuit.
Unfortunately, it doesn’t appear that the Clerk of Court’s website contains an easily accessible electronic copy.
