Evictions: Non-Payment of Rent and Non-Compliance of Lease
Chapter 83 of the Florida Statutes provides general information on evictions. An eviction is the legal procedure a landlord must follow to remove a tenant from the landlord's property. Although there are many types of evictions, the Clerk and Comptroller has information and forms available for the two most common types of evictions:
- Eviction for non-payment of rent
- with possession/damages
- or with possession only
- Eviction for non-compliance of lease
The Clerk’s Office has eviction forms for residential leases only (located under Related Documents). If you have a commercial, agricultural, or personal property lease you should consult with an attorney.Other types of evictions can be researched at the Law Library, online, or by contacting an attorney. Evictions start with a notice and complaint to file the case. Notice and complaint forms are available at the Clerk and Comptroller's office ($0.15 cents per sheet), and downloadable forms for Notice, Complaint, and Summons are available on this website.
Eligibility Requirements for an Eviction Action
The following information is provided only to inform you of which documents must be filed, and the cost involved in a simple eviction case. If you have questions, or if the case is complicated, you may wish to consult an attorney. Please note that the Clerk and Comptroller and Deputy Clerk representatives are prohibited from giving legal advice.
Florida statutes allow landlords or their attorney to file the complaint. It also allows an authorized agent, such as a property manager, to initiate an eviction proceeding; however, the agent may not take any additional action unless the agent is an attorney.
These requirements apply only to evictions based on failure to pay rent. There are completely separate requirements for eviction for breach of other provisions of the lease, or when the lease is at an end and you do not desire to renew.
Three Day Notice Requirements for Residential Evictions
Before filing a Complaint to recover possession, a landlord must serve a Three Day Notice demanding payment of rent or possession of the premises within three days (excluding Saturday, Sunday and legal holidays) from the date of delivery of the Notice.
The Court may consider the proof of service of the Notice when making a ruling on a residential eviction. You may serve the Three Day Notice by sending it through certified, return receipt mail. The return receipt must be signed by the tenant. Three Day Notice may also be served by a private process server, who will supply the Affidavit of Service.
If your tenant pays within the three days, you cannot evict the tenant, even if he/she has failed to pay rent before.