Short answer. When the notice period ends without payment, a landlord who served a valid notice may file an eviction case for possession. The tenant does not have to leave the moment the period ends, and the landlord cannot lock the tenant out. The court process decides who gets possession.
How the three days are counted
For nonpayment of rent, Florida’s landlord-tenant law generally requires a written three-day notice that demands payment of the rent or possession of the home. The three days exclude Saturdays, Sundays, and legal holidays, and the notice has to be delivered in a way the statute allows (see section 83.56 of the Florida Statutes). The statute provides sample wording, and the details, including the amount demanded, matter. A notice with a mistake in it can be challenged.
What can happen when the period ends
The tenant pays
If the tenant pays the rent demanded within the notice period, the notice has been satisfied and the tenancy generally continues. Be careful about accepting money after the period has ended or after a case has been filed. Accepting rent with knowledge of a problem can affect the landlord’s right to proceed, so get advice before you take payment.
The tenant moves out
If the tenant leaves and returns possession, the landlord can retake the unit. Claims for unpaid rent or damage may remain and can be pursued separately.
The tenant stays
If the tenant neither pays nor leaves, the landlord may file a complaint for possession in the county court where the property is located. Until a court orders otherwise, the landlord cannot use self-help such as changing locks, shutting off utilities, or removing belongings.
The court case that follows
The complaint and summons
The landlord files and the tenant is served. The summons gives the tenant a short, set period to respond.
The tenant’s response and the court registry
If a tenant wants to raise defenses other than payment, such as a defective notice, Florida law generally requires the tenant to deposit the rent claimed into the court registry, and to keep depositing rent as it comes due, or ask the court to determine the amount. Failing to do so can waive those defenses and lead to an immediate default for possession (see section 83.60).
Judgment
If the tenant does not respond or loses, the court enters a judgment for possession. If the tenant contests, there may be a hearing first.
Writ of possession
After a judgment, the clerk issues a writ of possession. The sheriff posts it on the property and, after the 24-hour notice period, returns possession to the landlord (see section 83.62).
How long this takes varies with service, whether the tenant contests the case, and court and sheriff scheduling. There is no guaranteed timeline.
Possession and money are separate questions
Winning possession does not by itself collect unpaid rent or damage. Those are money claims that may be pursued with the possession case or separately, and adding them can change the procedure and who may represent the landlord. See residential evictions.
Practical points for landlords
- Have the notice reviewed for the correct amount, dates, and wording before you serve it.
- Keep proof of how and when the notice was delivered.
- Do not change locks, cut utilities, or remove belongings.
- Ask before accepting partial or late payments after serving a notice.
- If the property is owned by an LLC, read Can an LLC owner handle an eviction? before you file.