Being Evicted
Fla. Stat. 83.56 — a three day notice, rent into the court registry, and 24 hours
In Florida, if rent is not paid when due and stays unpaid for 3 days, excluding Saturday, Sunday and legal holidays, after the landlord delivers a written demand for the rent or possession, the landlord may terminate the rental agreement. The notice is mailed, handed over, e-mailed as the statute allows, or left at the residence if the tenant is absent, and a lease cannot waive these notice requirements.
| The situation | The notice the statute sets |
|---|---|
| The situationRent not paid | The notice the statute sets3 days, excluding weekends and legal holidays, to pay or give up possession |
| The situationA curable violation, such as an unauthorized pet or guest | The notice the statute sets7 days to correct it |
| The situationA violation that cannot be cured, or one repeated within 12 months of a written warning | The notice the statute setsNotice of termination without a chance to cure |
| The situationA month to month tenancy | The notice the statute setsNot less than 30 days before the end of a monthly period |
| The situationA week to week tenancy | The notice the statute setsNot less than 7 days before the end of a weekly period |
The landlord files for removal in the county court of the county where the home is and is entitled to the summary procedure. A tenant may defend on the landlord's material failure to keep up the premises, on retaliation, or on any other defense.
Any defense other than payment requires paying the rent into the court registry within 5 days. A tenant who raises any defense other than payment, including a defective 3 day notice, pays into the court registry the rent alleged in the complaint and the rent that comes due while the case goes on. Failing to pay it, or to file a motion to determine the rent, within 5 days, excluding Saturdays, Sundays and legal holidays, after being served waives every defense but payment, and the landlord is entitled to an immediate default judgment.
After a judgment for the landlord, the clerk issues a writ to the sheriff to put the landlord in possession after 24 hours' notice posted on the premises, and weekends and legal holidays do not stop the 24 hours from running.
A landlord may not cut the utilities or lock a tenant out. A landlord may not cause utility service to be interrupted, change the locks or use a bootlock to keep the tenant out, remove doors, windows or walls except for repair, or remove the tenant's belongings except after surrender, abandonment or a lawful eviction. A landlord who does is liable for actual and consequential damages or 3 months' rent, whichever is greater, plus costs and attorney's fees.
Sources for this section (6)
- Fla. Stat. 83.56 — Termination of rental agreement
- Fla. Stat. 83.60 — Defenses to action for rent or possession; procedure
- Fla. Stat. 83.62 — Restoration of possession to landlord
- Fla. Stat. 83.57 — Termination of tenancy without specific term
- Fla. Stat. 83.59 — Right of action for possession
- Fla. Stat. 83.67 — Prohibited practices
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.