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Eviction Process in Florida

Reviewed by DocDraft Legal Team - Florida - Last updated November 11, 2026

The eviction process in Florida is an action for possession filed in the county court of the county where the rental is located, and the landlord is entitled to the summary procedure of Florida Statutes 51.011. The tenant must answer within 5 days after service of process. A tenant who raises any defense other than payment must also pay the rent alleged into the court registry, or move to have the court determine it, within 5 days after service, excluding Saturdays, Sundays and legal holidays. After a judgment for the landlord, the clerk issues a writ to the sheriff, who puts the landlord in possession after 24 hours' notice posted on the premises.

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How does the eviction process work in Florida?

A Florida landlord files a complaint for possession in the county court of the county where the premises are located, describing the dwelling unit and the facts that authorize its recovery. The case runs under the summary procedure of Florida Statutes 51.011, and the court is directed to advance it on the calendar.

How long does a Florida tenant have to answer an eviction complaint?

Under Florida Statutes 51.011(1), the answer is due within 5 days after service of process. A tenant who raises a defense other than payment must also deposit the rent alleged into the court registry, or move to determine rent, within 5 days after service, excluding Saturdays, Sundays and legal holidays.

What happens after a Florida landlord wins an eviction case?

After judgment for the landlord, the clerk issues a writ to the sheriff describing the premises and commanding the sheriff to put the landlord in possession after 24 hours' notice conspicuously posted on the premises. Saturdays, Sundays and legal holidays do not stay the 24-hour notice period.

Can a Florida landlord change the locks or cut off utilities instead of filing?

No. Florida Statutes 83.67 bars a landlord from interrupting utility service, preventing access by changing the locks or using a bootlock, or removing outside doors, locks, walls or windows except for maintenance. The landlord is liable for actual and consequential damages or 3 months' rent, whichever is greater, plus costs and attorney's fees.

How Florida possession actions run

Florida possession actions use a summary procedure with a written answer. Under Florida Statutes 83.59(2), the landlord files a complaint for possession in the county court of the county where the premises are situated and is entitled to the summary procedure in section 51.011, under which the tenant's answer is due within 5 days after service of process. A key rule is 83.60(2): a tenant who raises any defense other than payment must pay into the court registry the rent alleged in the complaint, and the rent that accrues while the case is pending, or move to determine rent, within 5 days after service, excluding Saturdays, Sundays and legal holidays. Missing both the deposit and the motion to determine rent within that period is an absolute waiver of the tenant's defenses other than payment, and the landlord is then entitled to an immediate default judgment with a writ of possession, without further notice or hearing. Removal follows 24 hours' posted notice from the sheriff. Before filing, the tenant must have been given the required notice, such as the 3-day notice to pay rent or deliver possession; the notice to vacate guide covers that step, and DocDraft's eviction notice page can prepare it.

Relevant Laws

Florida Statutes 83.59 (action for possession)

The landlord files in county court and is entitled to the summary procedure of section 51.011.

Florida Statutes 83.60 (defenses and the court registry)

A tenant raising defenses other than payment must deposit rent into the registry or move to determine it, or lose them.

Florida Statutes 83.62 (writ of possession)

The sheriff puts the landlord in possession after 24 hours' notice posted on the premises.

Florida Statutes 83.67 (prohibited practices)

Bars utility interruptions, lockouts, removal of doors or windows except for maintenance, and removal of the tenant's property except as the statute allows.

Regional Variances

Florida eviction process rules

Court and action

Action for possession in the county court of the county where the premises are situated, under the summary procedure of s. 51.011 (Fla. Stat. 83.59(2)).

Filing papers

A complaint describing the dwelling unit and stating the facts that authorize its recovery; a non-attorney agent may file only the initial complaint.

Who serves and how

Service as for civil defendants; posting after two attempts at least 6 hours apart if the tenant cannot be found or no person 15 or older lives there, with clerk mailing (Fla. Stat. 48.183).

Tenant response

Answer within 5 days after service of process (Fla. Stat. 51.011(1)); for defenses other than payment, rent into the registry or a motion to determine rent within 5 days after service, excluding weekends and legal holidays (Fla. Stat. 83.60(2)).

Judgment and writ

After posted-and-mailed service, at least 5 days from service before a final removal judgment (Fla. Stat. 48.183(2)); the clerk then issues the writ to the sheriff.

Notice before removal

24 hours' notice conspicuously posted on the premises; weekends and holidays do not stay it (Fla. Stat. 83.62(1)).

Appeal

Notice of appeal within 30 days from rendition of the judgment (Fla. Stat. 51.011(5)).

Self-help ban

No utility interruption, lockout, removal of doors, locks, walls or windows except for maintenance, or removal of the tenant's property except after surrender, abandonment, the last tenant's death or a lawful eviction; actual and consequential damages or 3 months' rent, whichever is greater (Fla. Stat. 83.67).

Suggested Compliance Checklist

Serve the right notice

Before filing days after starting

Prepare and deliver the required notice, such as the 3-day notice to pay rent or deliver possession, and keep it with the residential lease agreement and proof of delivery.

Document: eviction-notice

File the complaint for possession

After the notice period days after starting

File in the county court of the county where the premises are situated; a non-attorney agent may file only the initial complaint.

Provide copies for posted service

If service will be by posting days after starting

If you cause or expect service by posting, give the clerk an extra copy and a prestamped envelope so a copy can be mailed.

Track the answer and registry deadlines

5 days after service (registry: excluding weekends and legal holidays) days after starting

If the tenant raises defenses other than payment and neither deposits rent nor moves to determine rent within the 5-day period, request an immediate default judgment with a writ.

Have the writ executed

After judgment days after starting

The clerk issues the writ to the sheriff, who posts 24 hours' notice before putting you in possession.

Frequently Asked Questions

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