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Florida Evictions: The Process & Rent Deposit Rule

Florida residential evictions go through county court. For nonpayment, the landlord serves a 3-day notice (§ 83.56(3)) and then files. A tenant who raises any defense other than payment generally must deposit accrued rent into the court registry — failing to deposit within 5 business days of being served waives defenses other than payment (§ 83.60(2)). Self-help lockouts are illegal.

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. Eviction is deadline-driven and the court-registry rule can sink a tenant’s defenses fast — talk to a Florida attorney quickly.

In Florida, only a court can evict a residential tenant, and the case runs through county court. A landlord who resorts to self-help — changing locks or shutting off utilities — is breaking the law.

How nonpayment evictions work

  1. 3-day notice. For unpaid rent, the landlord first serves a 3-day notice (excluding weekends and legal holidays) (Fla. Stat. § 83.56(3)). See landlord–tenant for the notice basics.
  2. The lawsuit. If the rent still isn’t paid, the landlord files an eviction action in county court, and the tenant is served.

The court-registry rule (§ 83.60)

This is the rule that surprises tenants the most. If a tenant raises any defense other than payment, the tenant generally must deposit the accrued rent into the court registry — plus any rent that accrues during the case.

The deadline is strict: failing to deposit within 5 business days of being served waives every defense except payment. In other words, a tenant with a real defense can still lose simply by not depositing the rent on time.

No self-help

Throughout all of this, the landlord cannot take matters into their own hands. Lockouts and utility shutoffs are prohibited — the only lawful path is the court process above.

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Frequently asked questions

Can a Florida landlord change the locks or shut off utilities to force a tenant out?
No. Self-help evictions — lockouts and utility shutoffs — are prohibited in Florida. Only a court can order an eviction after a court case.
Do I have to deposit rent to fight a Florida eviction?
Usually, yes. If you raise any defense other than payment, you generally must deposit the accrued rent (and rent that accrues during the case) into the court registry. Failing to deposit within 5 business days of being served waives defenses other than payment (Fla. Stat. § 83.60(2)).
How does a Florida eviction for unpaid rent start?
The landlord serves a 3-day notice for nonpayment (Fla. Stat. § 83.56(3)). If the rent isn't paid, the landlord files an eviction action in county court.

Sources

Related guides

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