Florida’s eviction law is still found mainly in Chapter 83, Florida Statutes. The recent change many landlords mean is the statewide preemption law effective July 1, 2023. It stopped cities and counties from making their own landlord-tenant notice rules, tenant bill of rights requirements, and similar local eviction conditions. For most residential cases, the landlord must still give the proper written notice: 3 business days for nonpayment of rent, 7 days to cure certain lease violations, 7 days to terminate for serious or repeated violations, and 30 days for most month-to-month terminations. After the notice expires, if the tenant still hasn’t moved out, then the landlord must file a formal eviction in county court.
Sources: Fla. Stat. § 83.425, Fla. Stat. § 83.56(2)-(3), Fla. Stat. § 83.57, Fla. Stat. § 83.59, Fla. Stat. § 83.62, and Fla. Stat. § 83.67; City of Hollywood v. Mulligan, 934 So. 2d 1238 (Fla. 2006).
Case note: Mulligan is not an eviction case, but it explains Florida’s preemption rule: when the Legislature expressly preempts an area, local governments can’t make conflicting local rules. That lines up with the statewide landlord-tenant preemption in § 83.425.
