The Florida Eviction Process in 2026: 6 Steps Every Palm Beach County Landlord Must Follow

Owner Guide · Florida Evictions · Palm Beach County, FL

By Jean Taveras, Broker-Owner, Atlis Property Management · Updated October 2026

Florida gives landlords a fast, summary eviction process, and Palm Beach County follows it like every other county. The speed comes with a condition: each step has to be done in the right order, in the right form, on the right day. A notice counted on the calendar instead of by business days, a payment accepted without the paperwork the statute requires, or a lockout before the writ can cost weeks and, in the worst case, damages owed to the tenant.

This guide walks through each step as it applies in 2026, using the statutes and the Palm Beach County Clerk's published process. It is general information, not legal advice. For contested cases, or any case involving a defense, hire a Florida landlord-tenant attorney. For how we handle notices and collections on managed homes, see our eviction services page.

Before You Start: The Grounds and the Right Notice

Every eviction starts with a written notice, and the notice has to match the reason. Using the wrong one, or the right one with the wrong dates, is the most common reason a case stalls. The main options under Florida Statute §83.56 and §83.57 are below.

The month-to-month rule changed in 2023. Many older forms and articles still say 15 days; the current statute says 30. Ending a month-to-month tenancy is not an eviction for cause, but if the tenant stays past the end date, the same court process applies.

Step 1: Serve the 3-Day Notice Correctly

For unpaid rent, the written demand gives the tenant 3 days to pay or leave, and those 3 days exclude Saturdays, Sundays, and court-observed legal holidays. The notice follows the form set out in the statute, with the amount owed, the property address including the county, the deadline date, and the landlord's name, address, and phone number. Our post on why the nonpayment notice is still 3 days clears up a common rumor.

Under §83.56(4), the notice may be delivered by mail, by handing over a true copy, or, if the tenant is absent, by leaving a copy at the residence. Since 2025 it may also be emailed, but only if both parties signed the electronic notice addendum in §83.505. Our guide to the 2026 notice rules explains that addendum. Keep a copy of the notice and a record of how and when it was delivered.

Partial payments after the notice

Accepting partial rent does not by itself waive the right to proceed. But if partial rent is accepted after the notice is posted, §83.56(5)(a) requires the landlord to do one of three things: give a receipt showing the date, amount, and the agreed date and balance due before filing; place the partial payment in the court registry when filing; or post a new 3-day notice for the new amount.

Step 2: File the Complaint in County Court

If the tenant neither pays nor leaves, the landlord files a complaint for removal of tenant in the county court where the property sits. Under §83.59(2), the landlord, the landlord's attorney, or the landlord's agent may file it, but an agent who is not an attorney may not take any action beyond that initial filing. The case gets the summary procedure, which the court is directed to advance on its calendar.

The Palm Beach County Clerk's eviction instructions call for the complaint, a copy of the 3-day notice, the lease if there is one, the filing fee, the sheriff's service fee for each tenant, and addressed, stamped envelopes. Cases can be filed through the statewide e-filing portal, in person, or by mail.

Source: Palm Beach County Clerk of the Circuit Court & Comptroller, County Civil Court Fees, as of October 7, 2026. The statutory basis for county court filing fees is §34.041. Attorney fees are separate, though under §83.48 the prevailing party in an action under the lease or Chapter 83 may recover reasonable attorney fees and court costs.

Steps 3 and 4: Service, the 5-Day Response, and the Court Registry

After filing, the summons and complaint are served on each tenant; in Palm Beach County the Clerk will send them to the Sheriff's Office when the service fee is included. According to the Clerk, each tenant then has 5 business days to respond, not counting the day of service, Saturdays, Sundays, and designated holidays.

The court registry rule is the landlord's strongest procedural protection. Under §83.60(2), a tenant who raises any defense other than payment, including a claimed defect in the 3-day notice, must pay the accrued rent alleged in the complaint into the court registry, plus rent that comes due during the case, or file a motion to determine the amount within 5 business days of service. A tenant who does neither waives those defenses, and the landlord is entitled to an immediate default judgment.

Two defenses are worth knowing in advance. Under §83.60(1), a tenant may defend a nonpayment case on the ground of the landlord's material noncompliance with §83.51(1), the duty to follow building, housing, and health codes, if the tenant gave written notice and waited 7 days before withholding rent. A tenant may also claim retaliation under §83.64, though a good-faith action for nonpayment is good cause. The same statute also says the landlord must be given a chance to cure a deficiency in a notice or pleading before dismissal.

Steps 5 and 6: Judgment, the Writ, and Possession

If the tenant does not respond, or loses at hearing, the court enters judgment for possession. In a nonpayment case, §83.625 directs the court to also enter a money judgment for unpaid rent, but only if service was made by personal service or another method the law allows, so posting alone may support possession without supporting a money judgment.

After judgment, the Clerk issues a writ of possession to the sheriff. Under §83.62, the sheriff puts the landlord in possession after 24 hours' notice conspicuously posted on the premises, and Saturdays, Sundays, and holidays do not pause that 24 hours. When the writ is executed, or any time after, the landlord may move belongings left in the home to or near the property line and may ask the sheriff to stand by while the locks are changed. Our post on items left behind by tenants covers the edge cases.

What You Can Never Do: Self-Help Eviction

No matter how far behind the tenant is, Florida law forbids taking possession without the court. Section 83.67 prohibits cutting off utilities, changing the locks or using a bootlock, removing doors, windows, or the roof except for repair, and removing a tenant's belongings outside the circumstances the statute allows, such as a lawful eviction. A landlord who violates it owes the tenant the greater of actual and consequential damages or 3 months' rent, plus costs and attorney's fees, and each later violation can bring a separate award.

After the Eviction: The Deposit and the Money Judgment

The tenancy has ended, but the deposit rules still apply. Under §83.56(6) and §83.49(3), the landlord must return the deposit within 15 days or send a written notice of claim within 30 days by certified mail to the tenant's last known mailing address, or by email under a §83.505 addendum. Missing the 30-day notice forfeits the right to claim against the deposit. Our guide to deposit returns and deductions covers the itemized claim.

A money judgment is a right to collect, not a payment. Document the unit's condition with photos at the time of possession, keep the ledger current, and decide with your attorney whether collection is worth pursuing.

Common Mistakes Landlords Make in Florida Evictions

1. Counting the 3 days on the calendar. Weekends and court-observed holidays do not count, and an early deadline undermines the notice.
2. Using an old month-to-month form. The notice is 30 days, not 15.
3. Emailing a notice without the addendum. Email delivery requires the signed §83.505 addendum.
4. Taking partial rent without the paperwork. Give a receipt, deposit it in the registry, or serve a new notice.
5. Forgetting to move for default. If the tenant does not deposit rent into the registry, ask the court for the default the statute provides.
6. Self-help. A lockout or utility shutoff can cost at least 3 months' rent.
7. Weak screening. Most evictions start with an approval that should not have happened. See our guide to evaluating applicants with prior evictions.

How Atlis Prevents and Handles Evictions

Atlis is broker-owner led from our office on PGA Boulevard in Palm Beach Gardens. The best eviction is the one that never starts, so the work begins with tenant screening to written criteria and consistent rent collection, with the same follow-up every month. We collect 98%+ of rent monthly. When a case is necessary, we prepare the notice and the file and coordinate with the owner's attorney; for the bigger picture, see our landlord compliance guide.

Fees are 5 to 9 percent of collected rent with a $200 monthly minimum, full service only, with no markup on maintenance and no management fees on vacant units. See our pricing and our eight written guarantees.

Frequently Asked Questions

Facing a late payment or a tenant who will not leave? We can walk through your notice, your file, and your options, and point you to an attorney when the case needs one.