As a landlord in Seminole, Orange, Osceola, Volusia, or surrounding Central Florida counties, dealing with a non-paying tenant, property damage, or a holdover situation can disrupt your cash flow and peace of mind. When resolution talks break down, a formal eviction is the legal path to regaining possession.
At Zortman Law, our team has successfully handled hundreds of residential and commercial evictions for property owners in Orlando, Altamonte Springs, Lake Mary, and throughout the region. Below is the most up-to-date guide to Florida’s eviction process as of 2026, including key statutory notices and recent changes landlords must follow to avoid costly dismissals.

1. Serving the Correct Statutory Notice (The #1 Reason Cases Get Thrown Out)
Florida law (Chapter 83, Part II) demands precise written notice before filing. Use the wrong type or count the days incorrectly, and the judge will dismiss your case.
•  Non-payment of rent → 3-day notice (Fla. Stat. § 83.56(3)) – Excludes weekends and legal holidays. Tenant must pay in full or vacate.
•  Curable lease violations (e.g., unauthorized pet, noise, minor damage) → 7-day notice with right to cure (Fla. Stat. § 83.56(2)(b)).
•  Non-curable or repeat violations (destruction, illegal activity, same issue repeated in 12 months) → 7-day notice to vacate (no cure opportunity).
•  Terminating a month-to-month tenancy (no cause) → 30-day written notice (increased from 15 days effective October 1, 2023 via CS/HB 133 – codified in Fla. Stat. § 83.57(3)).
•  End of fixed-term lease → Generally no notice required if the lease expires on a date certain and does not auto-renew, though many landlords serve a 7–15 day holdover notice for clarity.
Proper service (hand delivery, certified mail, or posting + mailing) and exact language are critical.

2. Filing the Eviction Complaint
After the notice period expires without compliance:
•  File a Complaint for Eviction (possession only or possession + money damages) in county court.
•  2025–2026 e-filing upgrades in Seminole and Orange Counties have shortened processing times.
Typical timeline in Central Florida (uncontested):
•  Filing → Summons issued/service: 5–12 business days
•  Tenant answer deadline: 5 business days (excluding day of service, weekends, holidays)
•  Hearing (if contested): Often 15–35 days from filing

3. Possession-Only vs. Possession + Damages
File both counts when possible. Even if your priority is getting the tenant out, the money count preserves your ability to pursue back rent, fees, and costs later through garnishment or levy.

4. Judgment and Writ of Possession
Once you win:
•  Judgment entered → 24-hour waiting period
•  Clerk issues Writ of Possession
•  County Sheriff performs the lockout (usually scheduled within 7–14 days in our area)

5. Key 2025–2026 Reminders for Central Florida Landlords
•  Security deposit and move-in/move-out walkthrough disputes are now the most common tenant counterclaims — document everything with dated photos and signed checklists.
•  Rural rentals (parts of Volusia, Lake, and Seminole Counties) often trigger septic/well disclosure requirements that can create surprise violations if overlooked.
•  Accepting partial rent after a 3-day notice can waive your eviction (unless you give written notice reserving rights).
Final Advice
Eviction law is hyper-technical. One procedural error costs weeks of lost rent and forces you to start over. An experienced landlord-tenant attorney ensures notices are bulletproof, filings are complete, and hearings go smoothly — dramatically improving speed and outcome.

If you’re a Central Florida landlord dealing with a problem tenant, contact Zortman Law at 407-284-3812 for a free case review. We’ve protected property owners’ rights since 2006 and are on call 24/7 for urgent eviction matters.
Let our team handle the legal heavy lifting so you can get back to profitable, stress-free owning.
Chase Zortman is an attorney at Zortman Law, a full-service firm proudly serving landlords, homeowners, families, and businesses across Seminole, Orange, Lake, Volusia, Polk, and Osceola Counties.

All timelines are the general assumption/statute based, but the details of your case may vary.