Let's be honest, evicting a tenant in Florida can
get complicated fast.
If you've never evicted a tenant in Florida, it's easy to
mess up the timeline, file the wrong form, or delay the process by
months. And every extra day your non-paying tenant stays in your
property? That's money out of your pocket.
Yes, you can file an eviction yourself in some cases. But if you want it done fast, right, and by the book, hiring an attorney can save you time, stress, and (honestly) money in the long run.
Here's what the process looks like — and why working with a landlord attorney from the start may be your best move.
Do I need a lawyer to evict a tenant in Florida?
- Property in your name: You can file and handle the eviction yourself.
- Property owned by an LLC or
Corporation: Florida law requires you to use a
licensed attorney in any County or Circuit court case, outside of
small claims.
➡️ Even if you're not legally required to have a lawyer, it's often the fastest and cleanest way to get your property back.
Basic Florida Eviction Process
Step 1: Serve the Notice
- 3-Day Notice for unpaid rent.
- 7-Day Notice to Cure or Quit for lease violations that can be fixed (e.g., unauthorized pets).
- 7-Day Unconditional Quit Notice for serious or repeated violations.
- Serve by posting on the door, hand-delivering, or certified mail — always keep proof (photo + copy).
- Any other Notice applicable under the Rental Agreement or Chapter 83, Part II, of the Florida Statutes.
Step 2: Wait for the Notice Period To End
- Make sure to check the applicable statutes or provisions of the rental agreement to ensure that you are waiting the required amount of time.
Where this goes wrong:
We've seen landlords file their case too early, thinking
"three days is three days." But if you include weekends
or count the day of service, the court can dismiss your case. That
means re-serving the notice amending your case and essentially
starting over, while the tenant stays in the unit without paying
rent or in any other violation of the lease or applicable
statutes.
➡️ An attorney makes sure every deadline is calculated correctly so your case moves forward without delays.
Step 3: File the Complaint
Once the notice period has passed, you can file the eviction case with the court.
- Draft your complaint using the applicable forms, depending on which County you are filing.
- Attach the lease, notice, and a rent ledger (if it's a non-payment case), or any other documents that you are relying on to state your case.
- Pay the filing fee ($185–$225), plus about $10 per summons
Where this goes wrong:
Some landlords download the wrong template from a random website or
use an outdated form that doesn't meet Florida's current
court standards. Others file the wrong type of complaint altogether
or leave out required attachments. It is important to properly
identify the parties, and the facts related to your claim(s).
➡️ Filing the wrong form or missing a document can delay your case by weeks. Hiring an attorney means your paperwork is complete, accurate, and accepted the first time.
Step 4: Serve the Tenant
After filing the eviction, the tenant must be formally served with the summons and complaint.
✅ You must hire either:
- The sheriff in the county where the property is located, or
- A certified process server approved by the court (typically $40–$90)
Make sure to keep the return-of-service paperwork — this is your legal proof the tenant was properly served. Without it, your case can't move forward. You will need to get an "affidavit of service" from the process server or Sheriff and file that in the court case.
Where this goes wrong:
Some landlords mistakenly think they can deliver the court
paperwork themselves, especially if they already hand-delivered the
original 3-day or 7-day notice. But once you file the eviction,
Florida law requires a neutral third party to serve the
summons.
➡️ Serving seems simple, but one wrong move and your case is back to square one. Hiring a qualified attorney ensures it's done right the first time.
Step 5 Wait for Tenant's Answer
Tenant has 5 days, excluding weekends and holidays (starting from day served = Day 0) to:
- File an Answer
- Deposit past due rent into the court registry (if non-payment case); OR to file a Motion to Determine the amount of rent to be paid into the registry of the Court.
- If the tenant misses this, file a Motion for Default and Final Judgment.
Where this goes wrong: In one situation, the tenant never responded, but the landlord didn't know they had to file a motion for default. The case sat in limbo with no action for over 5 weeks. No one from the court reached out, so it just sat there. The Court does not always set hearings for you. If you want the case to move fast, you need to stay on toop of it and coordinate hearings.
➡️ We monitor the case daily and file immediately when deadlines pass. You don't lose time waiting or guessing.
Step 6 Obtain and Execute the Writ of Possession
After the judge enters a final judgment, you will need to file a proposed writ of possession with the Clerk. Afterward, the clerk will issue the Writ of Possession, the document that authorizes the sheriff to enforce the eviction, or they will let you know what is missing or if anything else is needed.
✅ Here's how it works:
- The sheriff posts a 24-hour notice at the property.
- After that period ends, the sheriff returns to supervise the lockout.
- The fee for this step is typically $90–$115.
Where this goes wrong:
Landlord's will oftentimes wait for the Sheriff to execute a
writ of possession without getting one issued by the Clerk. The
Clerk of Court needs to produce a document that you give to the
Sheriff. Without this happening, you will have a final judgment
with no enforcement mechanism to actually remove the tenant(s).
We've seen situations where landlords acted too quickly after
the 24-hour notice — removing or discarding the tenant's
belongings without taking proper steps. Due to some unusual
circumstances, the tenant wasn't able to retrieve their items,
and the landlord ended up being ordered to pay thousands in
damages.
➡️ Even at the final step, one wrong move can open you up to major liability. An attorney can help you make the right decisions and avoid costly mistakes.
Extra info
Up-Front Costs to Budget
- Court filing fee: approx. $185–$225
- Summons issuance: approx. $10 each
- Process server or sheriff service: $40–$90
- Sheriff writ execution fee: $90–$115
- Copies/certified mail postage: $5–$20
- Note: You can request the judge to include these costs in the final judgment against the tenant.
What landlords don't always
realize:
If you hire an attorney, many of these costs are
included in what you pay them. Whether it's a
flat rate or hourly billing,
things like court filing fees, summons issuance, and service fees
are often bundled into one invoice, saving you the
hassle of paying for each step separately.
➡️ That means you're not getting hit with surprise expenses, and you don't have to track each court and sheriff fee yourself. It's all handled — correctly and efficiently — by your legal team.
Final Thoughts: You Can DIY, But Should You?
Evicting a tenant in Florida isn't just about paperwork, it's about doing everything by the book and on the right timeline. One small mistake, and your case could get dismissed, delayed, or cost you thousands in unpaid rent or legal fees.
Yes, some landlords choose to handle it themselves. But if you want to protect your property, your finances, and your peace of mind, hiring an experienced landlord attorney is the smartest move you can make.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
