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Eviction / Landlord & Tenant
Eviction matters are governed by the laws of the State of Florida (Florida Statutes - Chapter 83) and by the Florida Rules of Civil Procedure.
Types of Notices
There are four different types of notices given to tenants for evictions. Each one is very specific in what it requires. Listed below are the different types of notices. You must give the tenant one of the following notices by either hand delivery to tenant or posting the notice to the tenants door. After the required time has passed you will bring to the Clerk's Office the filing fees and your completed complaint, along with five copies of one of the notices listed below, together with a stamped envelope addressed to each tenant.
If there is a written lease agreement, bring five copies of it along with the notice and envelope to start the eviction procedures. There are Supreme Court approved forms for giving the notice and proceeding with the eviction procedure, these forms may be obtained from the Clerk's Office County Civil Division or on this page.
If a tenant has not paid his rent, the landlord is required to give his tenant a three day notice in writing to vacate the premises or pay the rent. After three full days (Excluding Saturdays, Sundays, and legal holidays) have elapsed from the date of the notice (not counting the date the notice is delivered to the tenant), if the tenant has not complied with the notice, the landlord then comes to the Clerk's Office and files his complaint for eviction of the tenant. View the Florida Statute 83.56.
With Cure
If the landlord has a tenant who is undesirable but the situation could be remedied within seven days (i.e. unauthorized pets, guest, or parking, etc.), the Seven Day Notice with cure could be given. The notice should state the non-compliance and give the tenant seven days to correct the problem or to vacate the premises. The tenant would be allowed to stay if he complied. If he does not comply, then the landlord would file a complaint for eviction based on the notice given. If the same noncompliance recurs within a 12 month period, the Landlord may commence with eviction proceedings without giving a subsequent notice. View the Florida Statute 83.56.
Without Cure
If a tenant is undesirable with a serious non-compliance (i.e. destruction, damage or misuse of property; unreasonable disturbance, etc.), the Seven Day Notice without cure could be given. The notice informs the tenant the rental agreement is terminated and that no further rent will be accepted. It also lists the items of non-compliance. If the tenant has not moved in seven days, the landlord would file eviction proceedings. View the Florida Statute 83.56.
If the landlord needs possession of his property and it is not for any of the above reasons and the rent is paid on a month to month basis, he would give the tenant thirty days written notice to vacate the premises. The notice would state that the rental agreement is terminated and no further rent would be accepted. This notice should be given thirty days prior to the rent being due. If the tenant does not vacate, the landlord would file his complaint for eviction.
If a written lease agreement has been entered into, this section does not apply. View the Florida Statute 83.57.
Process
When the eviction complaint is filed, the Clerk will issue a five day summons and send it to the sheriff for service on the tenant. The tenant will have five working days in which to file a written response to the summons with the Court or to vacate. If a written response is made, a hearing will be set before the judge assigned to the case and hearing notices will be sent to each party. If no response is made, the landlord may come back to the Clerk's Office, with a Motion for Default, and pay another $90 to the sheriff (Business check or money order payable to the Escambia County Sheriff or you can take cash to Sheriff Department). You will need to complete and submit three copies of a Judgment for Possession for the judge to sign, and three copies of a completed Writ of Possession to be issued by the Clerk's Office.
The Sheriff's Department will serve the tenant with a notice to vacate. If the tenant does not vacate the premises, the Sheriff will then proceed to evict the tenants.
If the tenant should vacate the premises or pay the rent prior to the landlord filing their Motion for Default, the landlord should notify the Clerk's Office in writing and submit an Order of Dismissal for the Judge to sign.
Landlord & Tenant Information - Florida Bar
Landlord & Tenant Information
Forms
- Certificate Of Service (PDF)
- Designation of Email Addresses for E-Service (Pro Se)
- Fee Schedule (PDF)
- Instructions For Certificate Of Service (PDF)
- Motion to Determine Confidentiality of Court Records (PDF)
- Notice of Confidential Information Within Court Filing (PDF)
- Order to Determine Confidentiality of Court Records (PDF)
- Registration Agreement to View Court Records Online (PDF)
- Request to be Excused from Email Service
- If a tenant won't pay rent, what can I do to get him out?
- What is the filing fee for evictions?
- What do I need to bring to file an eviction?
- Can you accept a personal check for fees?
- What if the tenant is doing other things other than not paying the rent, what can be done to get him out?
- What if I just want my property back?
- What happens when I file the eviction?
- What if the tenant moves and leaves possessions in the rental unit?
- What if the landlord will not repair the dwelling?
- If I have contention with the landlord over the dwelling, can I post the rent into the registry of the Court?