Florida Eviction Laws: A Guide for Landlords

1. Notice of Lease Termination with Legal Cause

Florida law permits eviction for the following reasons:

• Nonpayment of rent
• Remaining in the unit after lease expiration (holdover)
• Violation of lease terms, such as unauthorized subletting or illegal modifications
• Violations of Florida landlord-tenant law, including failure to maintain reasonable cleanliness or sanitary conditions

Once legal grounds for eviction exist, the next step is to issue the appropriate notice, depending on the nature of the violation.

2. Serving a Tenant with an Eviction Notice in Florida Nonpayment of Rent

Florida law permits eviction for the following reasons:
If a tenant fails to pay rent, landlords must serve a 3-Day Notice to Pay or Vacate. This notice gives the tenant three business days (excluding weekends and legal holidays) to pay the overdue rent or vacate the premises. If the tenant does not comply, the landlord may proceed by filing an eviction lawsuit in court on the fourth business day.

Lease Violations

Lease violations are classified as curable or incurable:

• Curable Violations: Minor infractions (e.g., unauthorized guests or pets). The landlord must issue a 7-Day Notice to Cure, giving the tenant an opportunity to correct the issue before further legal action.
• Incurable Violations: Serious breaches (e.g., property damage or illegal activity) that cannot be remedied. In these cases, the landlord must issue a 7-Day Unconditional Quit Notice, requiring the tenant to vacate without an option to cure the violation.

Holdover Tenants

When a tenant remains on the property after their lease has expired without the landlord’s consent, the landlord must serve a notice to vacate based on the tenant’s rental payment frequency:

• Week-to-week: 7-Day Notice to Vacate
• Month-to-month: 15-Day Notice to Vacate

Foreclosure of Rental Property

In the event of foreclosure, the tenant must be served a 30-Day Notice to Vacate. After the 30-day period, the landlord may initiate formal eviction proceedings. Note that legal holidays and weekends must be excluded from the notice period.
Additionally, landlords must protect tenant privacy during this process—such as by not disclosing personal information (e.g., email addresses) in court filings, which may be subject to public record requests.

3. Tenant Defenses to Eviction in Florida

Tenants may defend against an eviction by raising legal arguments, including:

• Discrimination: If the eviction is based on race, religion, gender, familial status, national origin, or another protected class under the Fair Housing Act.
• Unlawful Self-Help Eviction: If the landlord engaged in actions such as changing locks or disconnecting utilities—both of which are illegal and could result in liability of up to three months’ rent in damages.
• Retaliatory Eviction: Tenants are protected if they’ve exercised their legal rights, such as reporting health code violations or joining a tenants’ union.
• Procedural Errors: Failure by the landlord to follow proper eviction procedures may delay the process or provide the tenant with additional time to remain in the unit.
• No Violation Occurred: The tenant may provide evidence that rent was paid on time or that no lease violation occurred.
• Habitability Claims: If the landlord failed to maintain the property to legal standards (e.g., plumbing, pest control), a tenant may raise this as a defense to eviction.

4. Removal of the Tenant

Only the court can authorize the removal of a tenant. Once the landlord obtains a court judgment for possession, the county sheriff or other authorized officer is responsible for carrying out the physical eviction.
If the tenant vacates the property but leaves personal belongings behind, the landlord must issue a written notice:

• If delivered in person, the tenant has at least 10 days to reclaim their property.
• If mailed, the tenant must be given at least 15 days.

After this period, if the tenant fails to retrieve their possessions, the landlord may lawfully dispose of or sell the items.

Bottom Line

To lawfully evict a tenant, landlords must follow the formal legal procedures set forth under Florida eviction statutes. Any deviation from this process can result in legal consequences and delays.

At Oceans Luxury Realty, we handle the eviction process professionally and in full compliance with Florida law. We work closely with Heist, Weisse & Wolk, PLLC, a law firm that specializes in landlord-tenant matters, to ensure every step is properly executed and legally sound. Below is an overview of the legal eviction process in Florida.