How Does the Eviction Process Actually Work in Florida? A Step-by-Step Guide for Orlando and Kissimmee Landlords

If you own rental property in Orlando or Kissimmee, there's a good chance you'll eventually deal with a tenant who stops paying rent or violates the lease. Knowing how Florida's eviction process actually works, before you're in the middle of it, can save you weeks of frustration and keep you out of legal trouble.

The process starts with written notice, not a court filing. If a tenant falls behind on rent, Florida's Residential Landlord and Tenant Act requires a three-day notice before you can move forward with eviction, and the notice does not count weekends or legal holidays. The notice must give the tenant the chance to pay the full amount owed or vacate. If the issue is a lease violation rather than unpaid rent, such as an unauthorized pet or guest, the law generally calls for a seven-day notice, and some violations must give the tenant an opportunity to fix the problem before you can terminate the tenancy. Other violations, like serious property damage, don't require a chance to cure.

Only after that notice period expires without payment or compliance can you file an eviction action with the county court, which in Central Florida means the Orange County or Osceola County clerk's office. The case proceeds as a summary procedure, meaning Florida law calls for an expedited court process compared to typical civil lawsuits. The tenant is served with a summons and must respond within five business days, or you can ask the court for a default judgment.

If the judge rules in your favor, the court doesn't let you remove the tenant yourself. Under Florida law, once a landlord wins an eviction judgment, the clerk issues a writ directing the sheriff to restore possession of the unit to the landlord. Only the sheriff can physically remove a tenant and their belongings, typically after posting a 24-hour notice.

This matters because Florida explicitly prohibits "self-help" evictions. Landlords cannot change the locks, shut off utilities, or remove a tenant's belongings on their own, even if the tenant is clearly in the wrong. Doing so can expose you to tenant lawsuits and damages, regardless of how much rent is owed.

For Central Florida owners, the practical takeaway is to document everything: the notice, proof of delivery, and the date each deadline passed. Many evictions are delayed or dismissed on technicalities, like an incorrectly worded notice or improper service, not because the underlying claim was weak. Working with a property manager or attorney familiar with local court procedures in Orange and Osceola counties can help you avoid costly missteps.

This article is for general informational purposes only and is not a substitute for legal advice; consult a licensed Florida attorney about your specific situation.