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Whether you’re a landlord dealing with a tenant who won’t pay rent, a property owner who’s discovered squatters, or a family that inherited a home with someone living in it who won’t leave — you need someone removed from your property legally and quickly.
Florida law is strict about how this process works. You cannot simply change the locks, shut off utilities, or threaten an occupant into leaving. Doing so exposes you to significant legal liability. The only legal path is through the courts — either through an eviction action or an ejectment action, depending on the circumstances.
At Zoecklein Law, we handle both eviction and ejectment actions across Florida. We move aggressively to get you back in possession of your property while ensuring every legal requirement is met so the result sticks.
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These are two different legal actions, and choosing the wrong one can cost you time and money. The key distinction is simple: was there ever a lease or landlord-tenant relationship?
EVICTION | EJECTMENT |
Governed by Florida Statute Chapter 83 (Florida Residential Landlord and Tenant Act) | Common law action — not governed by landlord-tenant statutes |
Requires a landlord-tenant relationship (lease or rental agreement) | No lease or landlord-tenant relationship required |
Filed in County Court | Filed in Circuit Court |
Expedited summary procedure — typically faster | Standard civil litigation — typically takes longer |
Used for: nonpayment of rent, lease violations, holdover tenants | Used for: squatters, family members with no lease, occupants after foreclosure or death of owner |
Requires proper statutory notice before filing (3-day, 7-day, or 15-day) | No statutory notice required, but demand to vacate is recommended |
Not sure which action applies to your situation? That’s exactly what our free consultation is for. We’ll evaluate the facts, determine the right legal path, and get the process started immediately.
If you have a tenant who isn’t paying rent, is violating the lease, or is refusing to leave after the lease has ended, an eviction action is the legal process to remove them. Florida’s eviction process is governed by Chapter 83 of the Florida Statutes and follows a specific sequence that must be followed precisely. Mistakes in the notice or filing can result in the case being dismissed — which means starting over and losing more time.
Before you can file an eviction lawsuit, Florida law requires you to serve a written notice on the tenant. The type of notice depends on the reason for the eviction:
3-Day Notice (Nonpayment of Rent)
If the tenant has failed to pay rent, you must serve a written 3-day notice demanding payment of the specific amount due. The notice must give the tenant 3 business days (excluding weekends and legal holidays) to either pay the rent or vacate the property. The amount demanded must be accurate — overcharging by even a small amount can invalidate the notice.
7-Day Notice (Lease Violation — Curable)
If the tenant is violating a provision of the lease that can be corrected (unauthorized pet, unauthorized occupant, noise violations, etc.), you must serve a 7-day notice giving the tenant the opportunity to cure the violation within 7 days. If the same violation occurs again within 12 months, you can serve a 7-day notice of termination without the opportunity to cure.
7-Day Unconditional Quit Notice (Non-Curable Violation)
For lease violations that cannot be cured — such as intentional destruction of property, unauthorized assignment of the lease, or certain criminal activity on the premises — you can serve a 7-day unconditional notice requiring the tenant to vacate without the opportunity to fix the violation.
15-Day Notice (Month-to-Month Tenancy)
If there is no written lease or the tenant is on a month-to-month arrangement, either party can terminate the tenancy by providing at least 15 days’ written notice before the end of any monthly period.
You cannot change the locks, remove the tenant’s belongings, shut off utilities, or take any other action to force a tenant out without a court order. Under Fla. Stat. § 83.67, a landlord who engages in self-help eviction is liable to the tenant for actual damages, and the tenant can recover the right to remain in the property. Always go through the courts.
If the tenant does not comply with the notice, we file an eviction complaint in the county court where the property is located. The complaint requests a judgment of possession and, if applicable, a money judgment for unpaid rent and damages.
After being served with the complaint, the tenant has 5 business days to respond. In nonpayment cases, the tenant must deposit the disputed rent into the court registry to contest the eviction. If the tenant fails to respond or deposit rent, we move for a default final judgment. If the tenant does respond, the case is set for hearing before a judge.
If the court rules in your favor, a final judgment of possession is entered. We then obtain a Writ of Possession, which is served by the sheriff. The tenant has 24 hours after the writ is posted to vacate. If they don’t leave, the sheriff physically removes them from the property.
Ejectment is the legal remedy when someone is occupying your property without any lease or landlord-tenant relationship. Because there’s no lease to terminate, the standard eviction process under Chapter 83 doesn’t apply. Instead, ejectment is a civil lawsuit filed in circuit court that asks the judge to order the occupant to leave and to award you possession of the property.
Family Members Who Won’t Leave After a Death
This is one of the most common ejectment scenarios we handle — and it directly overlaps with our probate practice. A property owner dies, and a family member, partner, or caretaker who was living in the home refuses to leave. The heirs or personal representative need the property vacated so it can be sold or distributed as part of the estate. Because there was never a formal lease, eviction isn’t the right tool — ejectment is.
Squatters
Someone has moved into a vacant property — whether it’s a home you inherited, an investment property, or land you haven’t visited in a while. Squatters have no legal right to be there, but you still cannot remove them by force. An ejectment action is the proper legal mechanism to reclaim your property.
Holdover Occupants After a Foreclosure or Sale
You purchased a property at a foreclosure sale or through a standard transaction, but the prior owner (or their tenant) won’t leave. If there’s no ongoing lease that survived the sale, an ejectment action is typically required.
Ex-Partners, Roommates, or Guests Who Won’t Leave
You invited someone to live with you — a partner, a friend, an adult child — and now the relationship has ended but they won’t move out. If there’s no written or oral lease and no rent being paid, this is generally an ejectment situation, not an eviction.
Occupants of Estate Property During Probate
During probate administration, the personal representative may need to remove occupants from estate property in order to preserve, manage, or sell the asset. As both probate attorneys and real estate litigators, we handle these situations routinely and can coordinate the ejectment action alongside the probate proceeding.
A large percentage of our ejectment cases originate from estate and probate situations. When a property owner dies, occupants of the property often refuse to leave — whether they’re family members, tenants at will, or caretakers. As a firm that handles both probate administration and real estate litigation, we can manage the probate case and the ejectment action together, saving you time, money, and the hassle of coordinating between multiple attorneys.
Action Type | Typical Timeline |
Uncontested eviction (nonpayment) | 2 – 4 weeks |
Contested eviction | 1 – 3 months |
Uncontested ejectment | 2 – 4 months |
Contested ejectment | 4 – 8+ months |
Evictions are generally faster because they use Florida’s expedited summary procedure. Ejectment actions take longer because they’re filed as standard civil lawsuits in circuit court. In both cases, our goal is to move as aggressively as the law allows to get you back in possession of your property.
We provide transparent fee estimates during your free consultation so you know exactly what to expect before we begin.
We regularly see landlords — and even other attorneys — make mistakes that cause eviction cases to be dismissed. Here are the most common ones:
Wrong Amount on the 3-Day Notice
The 3-day notice for nonpayment must state the exact amount of rent owed. If you include late fees, attorney’s fees, utilities, or any amount beyond the base rent due, the notice can be invalidated. This is the single most common mistake we see.
Improper Service of the Notice
Florida law requires the notice to be delivered by specific methods — hand delivery, posting on the premises, or mail. Simply texting or emailing the tenant a notice is generally not sufficient.
Accepting Rent After Serving the Notice
If you serve a 3-day notice and then accept a partial payment, you may have inadvertently waived your right to proceed with the eviction. Once you’ve served the notice, do not accept any payment without consulting your attorney first.
Filing an Eviction When Ejectment Is Required
If there was never a landlord-tenant relationship, filing an eviction under Chapter 83 is the wrong remedy. The case will be dismissed, and you’ll have to start over with an ejectment action in circuit court — costing you months.
Self-Help Eviction Tactics
Changing the locks, removing belongings, shutting off water or electricity, or threatening the tenant are all illegal in Florida. These actions expose you to a lawsuit by the tenant and can result in the tenant being awarded damages and the right to remain in the property.
✓ Probate + Real Estate Litigation Under One Roof
Many of our ejectment cases stem from probate situations — a property owner dies and someone needs to be removed from estate property. As a firm that handles both probate and real estate litigation, we coordinate both matters seamlessly instead of sending you to separate attorneys.
✓ We Move Fast
In eviction and ejectment matters, every day costs you money. We prepare and file your case as quickly as possible, pursue default judgments aggressively when tenants fail to respond, and push for the earliest available hearing dates.
✓ We Know the Procedural Details That Matter
Florida’s eviction process is full of technical requirements that trip up landlords and inexperienced attorneys alike. From the exact wording of the 3-day notice to the rent deposit requirements for contested cases, we handle every detail correctly so your case doesn’t get dismissed on a technicality.
✓ Statewide Representation
We handle eviction and ejectment actions in counties across Florida. Whether your property is in Hillsborough, Pinellas, Manatee, Sarasota, Polk, or elsewhere, we can file in the appropriate court.
✓ Se Habla Español
Our team proudly serves Florida’s Spanish-speaking community with the same care and expertise.
An uncontested residential eviction for nonpayment of rent can often be completed in two to four weeks from the date the notice is served. If the tenant contests the eviction, it can take one to three months or longer depending on the court’s schedule and the complexity of the tenant’s defenses.
Costs vary depending on whether the eviction is contested and how many tenants are named. Key costs include attorney’s fees, court filing fees, and process server fees. In most cases, the lease allows you to recover your attorney’s fees from the tenant as part of the judgment. We provide transparent fee estimates during your free consultation.
Eviction applies when there is a landlord-tenant relationship (a lease, whether written or oral). It’s governed by Chapter 83 of the Florida Statutes, filed in county court, and uses an expedited procedure. Ejectment applies when there is no lease — for example, squatters, family members with no rental agreement, or holdover occupants after a property sale. Ejectment is a civil lawsuit filed in circuit court and follows standard civil procedure, making it typically slower than an eviction.
No. Self-help evictions are illegal in Florida. Under Fla. Stat. § 83.67, a landlord who changes locks, removes a tenant’s property, shuts off utilities, or takes any other action to force a tenant out without a court order is liable for damages to the tenant. The only legal way to remove a tenant is through the court process.
A 3-day notice is the written notice a landlord must serve on a tenant who has failed to pay rent. It gives the tenant 3 business days (excluding weekends and legal holidays) to either pay the full amount of rent due or vacate the property. The notice must state the exact amount of rent owed — including late fees, utilities, or other charges can invalidate the notice.
If the tenant pays the full amount of rent demanded in the notice within the 3-day period, the eviction cannot proceed on that basis. The tenant has the right to cure the nonpayment. However, if the tenant only offers a partial payment, you are not required to accept it, and doing so may actually complicate your case.
Squatters — people who occupy your property without any legal right — must be removed through an ejectment action filed in circuit court. In some cases, if the squatter broke into the property, law enforcement may be able to assist with a trespass removal. However, if the squatter claims any right to be there (even fraudulently), the police will typically treat it as a civil matter and direct you to the courts. An ejectment action is the definitive legal solution.
It depends on whether there was ever a landlord-tenant relationship. If the family member was paying rent (even informally), the relationship may be treated as a tenancy, requiring an eviction under Chapter 83. If the family member was living there without paying rent and without a lease, an ejectment action is typically the correct remedy. We can evaluate your specific situation during a free consultation.
Florida law provides specific methods for serving an eviction notice: hand delivery to the tenant, leaving it at the residence with a person of suitable age, or posting it on the door and mailing a copy. If any of these methods are properly followed, the notice is legally effective even if the tenant claims they didn’t see it. Proper documentation of service is critical, which is one of the reasons having an attorney handle the process is valuable.
Yes. In most eviction cases, we request both a judgment of possession (to remove the tenant) and a money judgment for unpaid rent, late fees, damages to the property, attorney’s fees, and court costs. Whether you can actually collect on the money judgment depends on the tenant’s assets, but having the judgment on record gives you enforcement options.
Whether it’s a tenant who’s months behind on rent, a squatter who moved into your vacant property, or a family member who won’t leave an inherited home — the longer you wait, the more it costs you. Lost rent, property damage, liability exposure, and opportunity cost add up fast.
Contact Zoecklein Law today for a free consultation. We’ll evaluate your situation, tell you whether you need an eviction or ejectment, and get the process started right away.
