Eviction. It is something no Landlord wants to do, but it is something some Landlords are required to do. These cases are unique, in the sense that, when a Landlord is ready to file suit, they want to file suit yesterday. However, in order to ensure that the Eviction action runs smoothly, every Landlord needs to understand the requirements governing a Florida Statutes §83 eviction. As the Trial Courts require Landlords to strictly follow the procedures provided by Fla. Stat. §83, a procedural hiccup could result in the denial or delay of an Eviction action. So…what pre-suit requirements exist in order to bring an Eviction action for Non-Payment of Rent, and how does the Florida landlord eviction process actually begin?
When Is Rent Considered Late Under Florida Law?
Fla. Stat. § 83.56(3) allows a Landlord to terminate a Lease Agreement if their Tenant fails to pay rent in a timely fashion. In order to determine if rent is being paid in a “timely fashion” a Landlord must refer to their Lease Agreement to determine when rent is “due” and when rent is “late”. While every Lease Agreement provides for some “due” date for Rent, most Leases also provide for when rent is “late”, whether it be 3-days overdue, 5-days over-due, etc.
If your Tenant’s Rent is now “late”, you are capable of moving on to the next procedural step, the 3-Day Notice.
Florida’s 3-Day Notice Requirement for Nonpayment of Rent
Once the Tenant’s rent is “late”, the Landlord cannot simply terminate the Lease or remove the Tenant from the property, nor is the Landlord procedurally entitled to bring an Eviction Complaint… yet.
After checking the Lease and confirming that rent is late, the Landlord now must provide written notice to their Tenant, commonly referred to as a 3-Day Notice, demanding either: (i) the payment of the past-due rent within three (3) days, excluding Saturday, Sunday, and legal holidays; or (ii) that the Tenant vacate the property, returning possession of the same to Landlord. (Do not worry, Fla. Stat. §83.56(3) provides the a sample with proper language of the 3-Day Notice – however, the language provided therein is required to be followed completely. Florida courts strictly enforce the notice requirements under Chapter 83. Even minor deviations can result in delay. Recently, we defended a Florida Tenant, whose Landlord failed to properly comply with the 3-Day Notice Requirement, only demanding past-due rent, and NOT possession of the Property. In turn, the Landlord’s eviction action was delayed until it properly complied with these requirements.
After you’ve written the 3-Day Notice, the same must be served on the Tenant. Fla. Stat. §83.56(4) allows the Tenant to be served by mailing, delivering a true copy of the Notice, e-mailing (follow the requirements of Fla. Stat. §83.505), or by leaving a copy at the Property – if the Tenant is absent.
After serving the 3-Day Notice, the Landlord is now entitled to file an Eviction Complaint IF: (i) the Tenant did not pay the past-due rent, or (ii) leave the Property.
What Happens After Filing the Eviction Complaint?
Once the Eviction Complaint is filed in the appropriate Florida County Court, the Clerk will issue a Summons requiring the Tenant to respond within five (5) business days.
Importantly, if the eviction is based on non-payment of rent, the Tenant must deposit the alleged past-due rent into the Court Registry within that same five-day period. Failure to deposit rent into the registry can result in the Landlord obtaining a Default Judgment for possession without further hearing.
If the Tenant fails to respond, the Landlord may move for Default and request a Final Judgment for Possession. After entry of Final Judgment, the Court will issue a Writ of Possession, which is delivered to the Sheriff for execution. The Sheriff typically posts a 24-hour notice before removing the Tenant from the property.
Strict compliance with these timelines is essential. While each case varies, understanding the Florida eviction timeline helps landlords anticipate when possession may realistically be recovered.
Common Mistakes That Delay Florida Evictions
Even experienced landlords make avoidable mistakes, including:
- Using outdated or incorrect 3-Day Notice language
- Including late fees in the 3-Day Notice demand
- Counting weekends or legal holidays in the notice period
- Accepting partial payment after serving the notice
- Attempting to change locks or shut off utilities, which may constitute unlawful “self-help eviction”
Florida courts strictly enforce Chapter 83 requirements. A defective notice can require the Landlord to start the process over entirely.
Final Thoughts
Evictions move quickly, and mistakes can cause costly delays. A Litigation attorney that represents Florida landlords in Sarasota, Manatee, and surrounding counties will ensure strict compliance with Chapter 83 and efficient recovery of possession.
4If you are considering filing an eviction for non-payment of rent, consult counsel before serving notice to avoid restarting the process.
