Florida Eviction Notice Templates

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Eviction Laws

Florida law ties eviction timelines closely to the reason for termination. The lease governs some deadlines, while others are set by statute.

• Rent Grace Period: As specified in the lease
  
• Non-Payment of Rent: 3-day notice.^[1]
  
• Lease Non-Compliance: 7-day notice.^[2][3]
  
• Termination of Month-to-Month Tenancy: 30-day notice.^[4]
  
• Eviction Lawsuit Type: Forcible Entry & Unlawful Detainer.^[5]
  

Each notice must be properly served and must clearly state the tenant’s deadline to comply or vacate.

 

Prohibited Landlord Actions

Florida law strictly forbids self-help evictions.

• Utility Shutoff – A landlord may not terminate or interrupt a tenant’s utility services for any reason related to eviction.^[6]
• Changing the Locks – A landlord may not block access to a rental unit by changing locks or using similar methods to exclude the tenant.^[7]

Violating either rule can expose the landlord to damages and penalties.

 

How to Evict a Tenant in Florida (Step-by-Step)

Step 1: Deliver Written Eviction Notice

Before filing in court, the landlord must serve the correct notice:

• 3-Day Notice to Quit – Non-payment of rent
  
• 7-Day Notice to Quit – Lease non-compliance
  
• 30-Day Notice to Quit – Month-to-month termination
  

The notice must strictly comply with Florida law.

Step 2: File the Eviction Case

If the tenant does not comply, the landlord files a complaint and summons in the county court where the property is located. The filing must match the eviction type (eviction only or eviction with damages).

Required copies of the notice must be provided, along with filing fees that typically include:

• Base filing fee: $185 (or more if damages exceed the threshold)^[8][9][10]
  
• Service of process: $40
  
• Summons: $10 each
  
• Writ of possession: $90
  

Step 3: Court Action or Default

If the tenant responds, the case proceeds to court. If the tenant does not respond, the landlord must file default motions and a non-military affidavit. The court may then enter judgment without a hearing.

Step 4: Obtain Possession

If the landlord prevails, the court issues a Final Judgment – Eviction. The landlord may then obtain a Writ of Possession, which the sheriff serves on the tenant. The tenant has 24 hours to vacate before removal.

 

Court Forms & Resources

• Complaint for Eviction and Damages – Used when the landlord seeks eviction and unpaid rent or other monetary damages.
• Complaint for Eviction re-Breach – Used for lease violations other than non-payment of rent, without seeking damages.
• Complaint for Eviction – Used when evicting solely for non-payment of rent without requesting damages.
• Summons for Damages Complaint – Notifies the tenant that eviction and damages are being sought.
• Summons for Eviction-Only Complaint – Notifies the tenant that only eviction is being pursued.
• Tenant’s Written Response – The tenant has 5 days to respond to eviction-only claims and 20 days if damages are sought.
• Motion for Clerk’s Default – Eviction only – Filed when the tenant fails to respond within five days.
• Motion for Default Final Judgment – Eviction Only – Requests a final eviction judgment from the judge.
• Motion for Clerk’s Default with Damages – Requests default judgment for eviction and monetary damages.
• Motion for Default Final Judgment with Damages – Filed after the clerk’s default to obtain a judge’s final ruling.
• Non-Military Affidavit. – Confirms the tenant is not on active military duty.
• Final Judgment – Eviction – Orders the tenant to vacate the property.
• Final Judgment – Damages – Orders eviction and payment of damages.
• Writ of Possession – Authorizes the sheriff to remove the tenant after 24 hours’ notice.

Sources

1. § 83.56(3)
2. § 83.56(2)(a)
3. § 83.56(2)(b)
4. § 83.57(3)
5. 2023 Florida Statutes: Chapter 82
6. § 83.67(1)
7. § 83.67(2)
8. Palm Beach County Civil Court Fees
9. Pasco County Clerk and Comptroller: Eviction Fees & Costs
10. Pinellas County Clerk of the Circuit Court & Comptroller: Residential Tenant Eviction