Florida runs the fastest paper timeline of any state we cover: a 3-day notice (weekends excluded), a 5-day answer window under summary procedure, a court-registry rule that defaults most contested cases before they start, and a writ of possession that executes on 24 hours' posted notice. Statutory minimums sum to about two weeks. Here's each step, with the traps.
This is general information for landlords, not legal advice, and BuildMyLease does not prepare eviction notices or court filings. Confirm the current rule with a Florida landlord-tenant attorney before serving or filing.
Step 1 — The 3-day notice
Under Fla. Stat. § 83.56(3), the notice demands the rent or possession within 3 days, excluding Saturdays, Sundays, and legal holidays (court-observed ones). The day of delivery is also excluded.
Two content rules dominate dismissals:
- The wording is prescribed. The statute supplies the form language ("You are hereby notified that you are indebted to me in the sum of…"); track it, state the exact amount, and give a specific deadline date.
- Rent only. Late fees and other charges belong in the notice only if your lease defines them as rent. Demanding non-rent amounts is the classic fatal defect.
Delivery per § 83.56(4): mail, personal delivery, or leaving a copy at the residence if the tenant is absent. Paying in full within the window cures — Florida's is a true pay-or-quit notice.
Step 2 — Filing under summary procedure
The complaint goes to county court where the property sits (§ 83.59), and possession counts travel under summary procedure (§ 51.011) with priority calendar setting. The tenant's answer is due within 5 days of service — and then comes Florida's decisive rule:
The court-registry gate (§ 83.60(2)): unless contesting the amount, the tenant must deposit the accrued rent (and rent as it accrues) into the court registry within those 5 days or file a motion to determine rent. Failure is an "absolute waiver of the tenant's defenses other than payment," and the landlord gets an immediate default judgment for removal without further notice or hearing. Most contested Florida evictions end here.
There's no fixed statutory trial date for the cases that survive; summary procedure strips the usual delays and jury demands must come within 5 days of issue.
Step 3 — Writ and lockout
On final judgment, the clerk issues a writ of possession to the sheriff, commanding possession be delivered after 24 hours' notice conspicuously posted on the premises (§ 83.62). Weekends don't pause the 24 hours. The sheriff executes; you may then move tenant property to the property line.
Statutory minimums: about 12–16 calendar days end to end. Real-world cases run three to six weeks.
The traps
Self-help costs triple. Utility interruptions, lockouts, removing doors or belongings — each violation of § 83.67 costs actual and consequential damages or three months' rent, whichever is greater, plus costs and fees.
Acceptance waives — with a safe harbor. Accepting rent with knowledge of the default waives termination for that instance (§ 83.56(5)). Partial payments after notice are workable only if you give a receipt stating the balance and either deposit per the statute or serve a fresh 3-day notice for the remainder.
Retaliation is a defense (§ 83.64) for tenants who complained to agencies, organized, or exercised fair-housing rights — though nonpayment remains good cause.
Local ordinances are void. Since July 1, 2023, § 83.425 preempts residential tenancy regulation statewide — the county "tenant bill of rights" ordinances no longer apply to ch. 83 matters.
Compare all 20 states on our eviction notice laws by state page.
Common mistakes
Counting weekends. Three days means three business/court days — a Friday service doesn't expire Monday.
Freelancing the notice text. Deviating from the statutory form, or padding the demand with fees, invites dismissal.
Ignoring the registry rule as plaintiff. If the tenant answers without depositing rent, move for default under § 83.60(2) — many landlords litigate defenses the statute already waived.
Confusing the possession count with the money count. Back rent joined to the case follows normal (slower) civil procedure; only possession rides the summary track.
Most of this process is determined the day the lease is signed: what counts as rent, the grace period, and the late-fee terms all feed the notice. Build a compliant Florida residential lease agreement — $29 one-time, with the § 83.49 deposit clause and notice addresses baked in. For the move-out side, see the Florida deposit-return rule.
Statutory references
- Fla. Stat. § 83.56(3)–(5) — 3-day notice, form language, delivery, waiver and partial-payment rules. Official text
- Fla. Stat. § 83.59 — action for possession. § 51.011 — summary procedure; 5-day answer.
- Fla. Stat. § 83.60(2) — court-registry deposit requirement; absolute waiver + immediate default.
- Fla. Stat. § 83.62 — writ of possession; 24 hours posted. § 83.67 — self-help penalties (3 months' rent floor).
- Fla. Stat. § 83.64 — retaliation. § 83.425 — statewide preemption of local tenancy ordinances (HB 1417, 2023).