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Florida eviction law is governed by Chapter 83 of the Florida Statutes. This page explains the key provisions in plain language — what they mean for you as a landlord, property manager, or investor.
Use the index below to jump to the section that applies to your situation, or browse the full page.
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Click any section to jump directly to it.
All statutes link to the official Florida Legislature website. Plain-language summaries are provided for reference only and do not constitute legal advice.
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Florida eviction law has specific requirements for notices, timelines, and procedures. A mistake at any step can get your case dismissed. Christophe offers paid eviction calls for landlords who need a quick, reliable answer before they act.
Applies when a tenant stays after their written lease expires.
What this means for you: When a written lease expires and the tenant stays without a new written agreement, the tenancy becomes a "tenancy at sufferance" — meaning the tenant has no legal right to remain. However, if the landlord continues to accept rent, the holdover may be treated as a month-to-month tenancy. Simply accepting rent does not create a new fixed-term lease. To avoid an unintended month-to-month situation, landlords should either sign a new lease or pursue eviction promptly after the lease expires.
Applies when a tenant refuses to vacate at the end of their lease.
What this means for you: If a tenant refuses to vacate at the end of their lease, the landlord can demand double the monthly rent for every month the tenant remains. All unpaid rent also accrues interest from the date it was due.
The three legal bases for removing a tenant in Florida.
What this means for you: A landlord can remove a tenant who: (1) stays after their lease expires, (2) fails to pay rent after receiving a 3-day written notice, or (3) fails to fix a lease violation after receiving proper written notice.
Who pays legal fees when a landlord-tenant dispute goes to court.
What this means for you: In any civil action to enforce a rental agreement, the winning party is entitled to recover reasonable attorney fees and court costs from the losing party. This right cannot be waived in a lease agreement.
Who pays legal fees when a landlord-tenant dispute goes to court.
What this means for you: In any civil action to enforce a rental agreement, the winning party is entitled to recover reasonable attorney fees and court costs from the losing party. This right cannot be waived in a lease agreement.
Who pays legal fees when a landlord-tenant dispute goes to court.
What this means for you: In any civil action to enforce a rental agreement, the winning party is entitled to recover reasonable attorney fees and court costs from the losing party. This right cannot be waived in a lease agreement.
What the law requires landlords to maintain and provide.
What this means for you: Landlords must maintain the rental property in a habitable condition — this includes the roof, walls, floors, windows, doors, plumbing, and structural components. In multi-unit properties, landlords must also provide pest control, clean common areas, garbage removal, heat, running water, and working smoke detectors.
What the law requires tenants to do and not do.
What this means for you: Landlords must maintain the rental property in a habitable condition — this includes the roof, walls, floors, windows, doors, plumbing, and structural components. In multi-unit properties, landlords must also provide pest control, clean common areas, garbage removal, heat, running water, and working smoke detectors.
When and how a landlord may legally enter the dwelling unit.
What this means for you: A landlord may enter the dwelling unit for repairs, inspections, or to show the unit to prospective tenants or buyers. For non-emergency entry, the landlord must give at least 24 hours notice and enter between 7:30 a.m. and 8:00 p.m. The landlord may enter at any time in an emergency.
The rules for ending a tenancy due to non-payment or lease violations.
Non-payment of rent (83.56(3)): If rent is not paid when due, serve a 3-day written notice (excluding weekends and legal holidays) demanding payment or possession. If the tenant does not pay or vacate, you may file for eviction.
Curable violation (83.56(2)(b)): For violations the tenant can fix — unauthorized pet, unauthorized occupant, parking violation — serve a 7-day notice giving the tenant 7 days to correct it. If the same violation recurs within 12 months, you can terminate without a new notice.
Non-curable violation (83.56(2)(a)): For serious or repeated violations — willful property damage, continued disturbance — serve a 7-day notice to vacate with no opportunity to cure.
Terminating a month-to-month tenancy (83.56(4) / 83.57): To end a month-to-month tenancy without cause, either party must give at least 30 days written notice prior to the end of the monthly rental period. No reason is required — the notice simply terminates the tenancy at the end of that period.
Accepting rent after posting a notice (83.56(5)(a)): Accepting full rent after posting an eviction notice waives your right to evict for that violation. If you accept partial rent, you must provide a receipt, deposit the amount with the court, or post a new 3-day notice for the balance.
Download notices:
How to legally end a tenancy with no fixed end date.
What this means for you:Either party can end a month-to-month tenancy by giving at least 30 days written notice before the end of a monthly period. Week-to-week tenancies require 7 days notice; quarter-to-quarter require 30 days; year-to-year require 60 days.
Download: 30 Day Notice to Terminate Tenancy
End-of-lease notice requirements for written leases with a specific term.
What this means for you: A written lease can require the tenant to give advance notice before vacating at the end of the term — but no less than 30 days and no more than 60 days. The landlord must give the same notice if not renewing. If the tenant stays past the lease end without giving required notice, they may owe an additional month's rent.
What happens after a notice period expires and the tenant hasn't left.
What this means for you: If the rental agreement is terminated and the tenant does not leave, the landlord must file a complaint in county court to recover possession. The landlord cannot remove a tenant without a court order — except when the tenant has surrendered, abandoned the unit, or the last remaining tenant has died under specific conditions. The prevailing party is entitled to court costs.
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What landlords are legally forbidden from doing — and the penalties.
What this means for you: Florida law strictly prohibits landlords from taking matters into their own hands. The following actions are illegal regardless of whether the tenant is paying rent or complying with the lease:
The information on this page is provided for general reference. Every landlord situation is different — notice requirements, timelines, and procedures vary depending on the lease, the violation, and the county. Christophe offers paid eviction calls for landlords who need a clear, reliable answer before they act.
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