Quick Answers
- First legal step: Serve a written 3-day notice to pay rent or vacate under Florida Statute 83.56(3). The three days exclude weekends and legal holidays.
- You cannot file immediately. The 3-day notice has to expire first. Only then can an eviction be filed with the county court.
- Do not accept partial rent after serving the notice without written reservation of rights. It can waive your notice and reset the process.
- Timeline: An uncontested nonpayment eviction generally takes about 4 to 5 weeks from filing to the tenant's removal.
- Never use self-help. Changing locks, removing doors, or shutting off utilities is illegal in Florida and exposes you to liability.
- Cost: A flat $295 attorney fee for an uncontested eviction, plus court costs (about $530 total for one tenant: $185 filing fee, $10 summons, attorney fee, and a process server).
Every Week Costs You Rent
The sooner the notice is served correctly, the sooner the clock starts. Speak with a Florida eviction attorney about your situation today.
What to do first when a tenant stops paying rent
When a Florida tenant misses rent, the law does not let you remove them directly. You have to move through a specific sequence, and the first step controls everything that follows. Skipping or fumbling it is the most common reason evictions get delayed or dismissed.
- Confirm the rent is actually late under the lease, including any grace period the lease grants.
- Serve a written 3-day notice to pay rent or vacate, compliant with Florida Statute 83.56(3). The notice must state the exact amount of rent due and give the tenant three days (excluding Saturdays, Sundays, and legal holidays) to pay or leave.
- Wait for the notice to expire. If the tenant pays the full amount within the three days, the tenancy continues. If they do not, you may proceed.
- File the eviction with the county court where the property is located, under Florida Statute 83.59. Florida evictions use summary procedure, an expedited court timeline.
- Serve the tenant with the summons and complaint.
- Proceed to judgment and, if needed, a writ of possession for the Sheriff to remove the tenant.
How long before I can evict a non-paying tenant?
The 3-day notice period is the minimum wait before filing. After that, the court timeline depends on whether the tenant responds. The table below shows realistic ranges for a nonpayment case.
| Stage | Typical Timing |
|---|---|
| 3-day notice period | 3 business days (excludes weekends and holidays) |
| File and serve the tenant | A few days after the notice expires |
| Tenant's window to respond | 5 business days after service |
| Default and final judgment (uncontested) | Days to a couple of weeks, depending on the court |
| Writ of possession and Sheriff removal | Tenant gets 24 hours after the writ is posted |
| Total (uncontested) | About 4 to 5 weeks |
A contested case, where the tenant files an answer, takes longer and is quoted case by case. For county-level detail, see the eviction timelines on our Florida eviction page.
Can I accept partial rent after serving a notice?
This is where landlords most often damage their own case. If you accept a partial payment after serving a 3-day notice, you can waive the notice and have to start over. Under Florida law, accepting rent with knowledge of the default can be treated as reinstating the tenancy.
If you choose to accept a partial payment, it should only be done with a written reservation of rights that preserves the eviction. The safer course in most cases is to decline partial payment once the notice is served and let the process continue. An attorney can paper this correctly so a partial payment does not undo weeks of progress.
The 3-day notice is the single most error-prone document in a Florida eviction, and a defective notice is the most common reason a case gets dismissed. The amount demanded must be exactly right. Including late fees, utilities, or other charges as if they were "rent" can invalidate the entire notice, and the tenant's attorney will look for exactly that.
The implication: a notice that is off by even a small amount can cost you weeks, because a dismissal means starting the whole sequence over with a corrected notice. Getting the notice right the first time is the cheapest insurance in the entire process.
What you cannot do (self-help is illegal)
No matter how far behind the tenant is, Florida law prohibits removing them yourself. The following are illegal and can make you the defendant in a lawsuit:
- Changing the locks or removing the doors.
- Shutting off electricity, water, or other utilities.
- Removing the tenant's belongings.
- Threatening or harassing the tenant to force them out.
Under Florida Statute 83.59, the only lawful path to remove a tenant is through the county court and a writ of possession enforced by the Sheriff. The statute fast-tracks these cases on the court calendar through summary procedure.
What does it cost to evict a non-paying tenant?
The firm handles uncontested evictions on a flat $295 attorney fee, plus court costs. Court costs for one tenant run about $185 for the filing fee plus a $10 summons (around $195 in practice), with a process server fee on top, for an all-in total of roughly $530. If the tenant does not leave voluntarily after judgment, the Sheriff charges a writ of possession fee of $90 in most Florida counties, or $115 in Miami-Dade. The full breakdown by number of tenants is on our eviction page. Contested matters are quoted case by case.
Want the notice served correctly the first time?
The firm has handled more than 35,000 eviction cases across Florida. Call 1 (877) 871-8300 or start your eviction online.
Frequently Asked Questions
How long before I can evict a tenant who stopped paying rent in Florida?
You must first serve a 3-day notice to pay rent or vacate (excluding weekends and holidays). If the tenant does not pay within that window, you can file. An uncontested nonpayment eviction generally takes about 4 to 5 weeks from filing to removal.
Can I evict for partial payment of rent?
Partial nonpayment is still a default, but accepting a partial payment after serving a 3-day notice can waive the notice and force you to start over. If you accept partial rent, do it only with a written reservation of rights, or decline it and let the eviction proceed.
What if the tenant promises to pay next week?
A promise to pay does not stop the clock. You can still serve the 3-day notice to preserve your position. If the tenant pays the full amount within the notice period, the tenancy continues; if not, you can proceed without losing time.
Can I change the locks if my tenant stops paying?
No. Changing locks, shutting off utilities, or removing belongings is illegal self-help in Florida and can expose you to liability. A tenant can only be removed through the court and a Sheriff-enforced writ of possession.
How much does it cost to evict a non-paying tenant in Florida?
The firm charges a flat $295 attorney fee for an uncontested eviction, plus court costs (about $185 filing fee, a $10 summons, and a process server), for an all-in total of roughly $530 for one tenant. The Sheriff also charges a writ of possession fee, $90 in most counties or $115 in Miami-Dade, if the tenant has to be physically removed. Contested matters are quoted case by case.
Can I recover the unpaid rent, not just remove the tenant?
Yes, but there is an important distinction under Florida Statute 83.625. The court can award both possession and a money judgment for unpaid rent and costs in the same case. However, a money judgment requires that the tenant was personally served. Posting the summons on the door (sometimes called nail-and-mail) is enough to recover possession and remove the tenant, but to pursue them financially for the debt, the tenant must be personally served. Whether the money judgment is worth pursuing also depends on the tenant's ability to pay.
Does the firm handle nonpayment evictions statewide?
Yes. The firm represents landlords in residential and commercial nonpayment evictions throughout Florida and has handled more than 35,000 eviction cases.