What Is the Eviction Process for Nonpayment of Rent in Florida?

Last Updated: May 27, 2025

Article By: Jared A.

Facing the challenge of unpaid rent can feel overwhelming for any landlord. The situation is stressful, often leaving you uncertain about the next steps or how to proceed fairly and legally. If you’re a property owner in Florida dealing with a tenant not paying rent, you’re not alone, and there are clear steps you can take to navigate this process with confidence. Understanding what is the eviction process for nonpayment of rent in Florida empowers you to protect your property while respecting the legal rights of all parties involved. In this comprehensive guide, we’ll walk you through every stage of the process, from serving notices to navigating the court system, with compassion and clarity to help you feel supported and informed.

What Is the Eviction Process for Nonpayment of Rent in Florida?

Renting out a property is often a rewarding endeavor, but when a tenant falls behind on payments, it can create financial strain and emotional stress. We know how difficult it can feel to balance your responsibilities as a landlord with the need to maintain a positive relationship with your tenant. Our goal is to provide you with a detailed, empathetic, and actionable roadmap to how to evict for nonpayment in Florida, ensuring you have the tools to resolve the issue efficiently while staying compliant with state laws. Let’s dive into the process, step by step, to help you regain control of your property and peace of mind.

Understanding the Role of Florida Offer in Eviction Challenges

At Florida Offer, we’ve spent years assisting property owners across cities like Tampa, Sarasota, and St. Petersburg with real estate challenges, including navigating the complexities of tenant issues like nonpayment of rent. Our team of experienced professionals understands the emotional and financial toll that unpaid rent can take. Whether you’re a seasoned landlord or managing your first rental property, our expertise in Florida’s real estate market ensures you have access to knowledgeable guidance. We’re here to help you explore all your options, from eviction to alternative solutions like selling your property for cash if the landlord role becomes too burdensome. Our compassionate approach and deep understanding of late rent eviction rules in Florida make us a trusted partner in resolving these challenges.

Step 1: Serving the 3-Day Notice to Pay Rent in Florida

The eviction process for nonpayment of rent in Florida begins with serving a 3-day notice to pay rent in Florida. This is a critical first step, as Florida law requires landlords to provide tenants with written notice before pursuing eviction. The notice informs the tenant that they have three business days (excluding weekends and legal holidays) to pay the overdue rent or vacate the property. This step is not just a formality—it’s a legal requirement that sets the foundation for any further action.

Here’s how to properly serve an eviction notice in Florida:

Draft the Notice: The notice must clearly state the amount of rent owed, the due date, and the landlord’s contact information. It should also specify that the tenant has three days to pay or leave.
Delivery Methods: You can deliver the notice in person, leave it with someone of suitable age at the property, or post it on the door if no one is available. Mailing the notice alone is not sufficient unless the tenant acknowledges receipt.
Timing: The three-day period begins the day after the notice is served. For example, if you serve the notice on a Monday, the tenant has until Thursday to comply.

It’s heartbreaking to think about the stress both you and your tenant may be experiencing during this time. Perhaps the tenant is facing unexpected financial hardship, or maybe you’re struggling to cover mortgage payments without their rent. Either way, serving the notice promptly and correctly is essential to protect your rights while giving the tenant a fair chance to resolve the issue.

Pro Tip: Always keep a copy of the 3-day notice and document how and when it was served. This evidence is crucial if the case proceeds to court, as it proves you followed Florida’s legal requirements.

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Step 2: Filing the Eviction for Unpaid Rent in Florida

If the tenant does not pay the rent or vacate within the three-day period, the next step is to file an eviction for unpaid rent in Florida. This involves initiating a formal eviction lawsuit, known as an “unlawful detainer” action, in the county court where the property is located. The process can feel daunting, but understanding the steps can make it more manageable.

Here’s a checklist to guide you through filing:

Prepare the Complaint: File a Complaint for Eviction with the county clerk. Include the lease agreement, the 3-day notice, and proof of service.
Pay Filing Fees: Fees vary by county but typically range from $185 to $400, according to the Florida Courts website (accessed June 2025).
Serve the Complaint: The tenant must be served with the eviction complaint and a summons, typically by a sheriff or process server. This gives the tenant five business days to respond.

We understand how intimidating it can be to step into the court process for eviction in Florida. The legal system can seem like a maze, but you’re taking the right steps by following through. If you’re in Tampa or Sarasota, local court clerks are often helpful in guiding landlords through the paperwork, and Florida Offer is here to answer any questions about your options.

Step 3: The Court Process for Eviction in Florida

Once the eviction complaint is filed and served, the court process for eviction in Florida begins. The tenant has five business days to respond to the complaint. They may pay the owed rent, vacate the property, or file a defense. Common defenses include claims that the landlord didn’t properly serve the notice or that the rent was paid.

Here’s what to expect during the court process:

Tenant Response: If the tenant responds, a hearing is scheduled, typically within 10-20 days. If they don’t respond, you can request a default judgment.
Court Hearing: At the hearing, you’ll present your case, including the lease, notice, and proof of nonpayment. The tenant may argue their side, such as financial hardship or disputes over the amount owed.
Judge’s Ruling: If the judge rules in your favor, they’ll issue a Writ of Possession, allowing the sheriff to remove the tenant if they don’t leave voluntarily.

The eviction timeline for nonpayment in Florida typically spans 15-45 days from filing to final eviction, depending on the court’s schedule and the tenant’s response. We know this waiting period can feel endless when you’re relying on rental income, but staying patient and thorough ensures a legally sound outcome.

Pro Tip: Be prepared for the hearing by organizing all documents, including the lease, payment records, and communication with the tenant. A clear, concise presentation can strengthen your case.

Step 4: Executing the Eviction and Regaining Possession

If the court grants the eviction, the final step is executing the Writ of Possession. The sheriff will post a notice giving the tenant 24 hours to vacate. If they don’t leave, the sheriff will physically remove them and their belongings. This step can feel like a relief but also bittersweet, as it marks the end of a challenging process.

How long after notice can you evict in Florida? From the initial 3-day notice to the final eviction, the process can take anywhere from 3-6 weeks, depending on court backlogs and tenant cooperation. In some cases, tenants may negotiate to stay longer by paying the owed rent, but this is at your discretion.

We empathize with how tough it is to reach this point. Evicting a tenant is never the goal when you start renting out a property, but sometimes it’s necessary to protect your investment. If you’re in St. Petersburg and considering selling your rental property to avoid future tenant issues, Florida Offer can provide a cash offer on house to simplify the process.

Can a Landlord Evict for One Late Payment in Florida?

A common question we hear is, can a landlord evict for one late payment in Florida? The answer depends on the lease agreement and the circumstances. Florida law allows eviction for nonpayment of rent, even for a single missed payment, provided the 3-day notice is properly served. However, if the lease includes a grace period or the tenant pays within the notice period, eviction may not proceed. Always review your lease and consult with a legal professional to ensure compliance.

Alternative Solutions: Selling Your Property for Cash

For some landlords, repeated issues with tenants not paying rent in Florida can make the rental business feel unsustainable. If you’re considering exiting the landlord role, selling your property could be a viable option. At Florida Offer, we specialize in helping property owners sell my house fast or sell my home for cash in cities like Tampa, Sarasota, and St. Petersburg. As a company that buys houses, we offer a hassle-free process, purchasing properties as is without the need for repairs or tenant disputes. This can be a compassionate solution, allowing you to move forward without the stress of ongoing evictions.

Here are the benefits of working with a cash buyer for homes:

Speed: Close in as little as 7-14 days, avoiding lengthy court battles.
Simplicity: No need to evict tenants or prepare the property for sale.
Certainty: A guaranteed cash offer, regardless of the property’s condition.

If you’re thinking, “I need to sell my house fast,” Florida Offer is here to help. Our team of home investors understands the emotional weight of tenant issues and can provide a fair cash for my home offer to ease your burden.

Navigating Florida’s Eviction Laws with Confidence

Dealing with unpaid rent is a challenge no landlord wants to face, but understanding what is the eviction process for nonpayment of rent in Florida equips you with the knowledge to act decisively and legally. From serving the 3-day notice to pay rent in Florida to navigating the court process for eviction in Florida, each step requires careful attention to detail. We know how stressful this process can be, and we’re here to support you every step of the way.

Whether you choose to pursue eviction or explore alternatives like selling your property, Florida Offer is committed to providing compassionate, expert guidance. Our experience with companies buying houses for cash and helping landlords sell my house for fast cash means we can offer solutions tailored to your needs. If you’re ready to explore your options, contact us today for a no-obligation consultation.

Data References:
- Florida Courts: www.flcourts.gov, “Eviction Process Overview” (accessed June 2025).
- Florida Statutes, Chapter 83, “Landlord and Tenant” (available at www.leg.state.fl.us, accessed June 2025).

This article is based on expert real estate experience. For financial or legal advice, we recommend consulting a licensed professional, such as a CPA, attorney, or government official.