You’ve got a tenant who stopped paying. Maybe they’ve damaged your property. Maybe they won’t return calls. Maybe you’ve already served notice and they’re still sitting there, daring you to take them to court. Meanwhile, you’re eating the mortgage, the insurance, and the taxes on a property that isn’t producing a dime.
We’re We Buy Gulf Coast Houses. We’ve been buying problem properties across Fort Myers, Cape Coral, Naples, Marco Island, and the surrounding Southwest Florida market for years. We’ve sat with hundreds of landlords who were deep in the eviction grind — and we’ve helped a lot of them find a faster, cleaner exit than the courthouse could ever offer.
This isn’t a legal textbook. It’s an honest breakdown of what eviction actually costs under Florida law, what a cash sale actually looks like, and how to decide which path makes sense for your situation.
The Florida Eviction Process: What You’re Actually Signing Up For
Florida evictions are governed by Florida Statute Chapter 83. Before you file a single piece of paper, you need to understand the sequence — and where landlords most often lose time and money.
Step 1: Serve the Correct Notice
Under Florida Statute § 83.56, serving the wrong notice — or serving the right one incorrectly — gets your case dismissed and sends you back to square one. The required notice depends entirely on the situation:
- Nonpayment of rent: 3-Day Notice to Pay or Quit (weekends and legal holidays excluded from the count)
- Fixable lease violations: 7-Day Notice to Cure
- Serious or repeat violations: 7-Day Unconditional Quit Notice
- Ending a month-to-month tenancy: 15 days written notice prior to the end of the rental period under Florida Statute § 83.57
Delivery must be in person, by mail, or posted at the residence. Certified mail is strongly recommended — you’ll need proof of service in court.
Step 2: File the Eviction Complaint
If the tenant doesn’t comply after notice, you file a Complaint for Eviction at the county courthouse. In Lee County (Fort Myers, Cape Coral) and Collier County (Naples), filing fees typically run $185–$300. You’ll need documented proof of service, your lease agreement or evidence of tenancy, and any records of unpaid rent or violations.
Step 3: The Court Hearing
The tenant has five business days to file a written response after being served. A hearing is then scheduled — typically two to four weeks out in Lee and Collier County, though backlogs can push that further. Come prepared with rent payment history, damage photos, all written notices, and every piece of communication you’ve had with the tenant. If they contest — and many do just to buy time — expect multiple hearings and additional delays.
Step 4: Writ of Possession and Sheriff Lockout
If the court rules in your favor, a Judgment for Possession is issued. The clerk then issues a Writ of Possession, which authorizes the county sheriff to physically remove the tenant. Under Florida law, only the sheriff can execute this removal. You cannot remove the tenant yourself, and in Lee and Collier Counties, scheduling the sheriff lockout adds additional days to the timeline after you’ve already won in court.
Self-help eviction is illegal in Florida. Changing locks, removing doors, or cutting off utilities to force a tenant out exposes you to significant civil liability under Florida Statute § 83.67. Don’t do it — it will cost you far more than the eviction itself.
📊 Real Cost Breakdown: Florida Eviction in Lee or Collier CountyCourt filing fees: $185–$300
Attorney fees (recommended): $1,500–$4,000
Lost rent during process (2–4 months @ $1,200/mo): $2,400–$4,800
Property damage & cleanup (average): $1,000–$3,500
Sheriff lockout fees: $75–$150
Total conservative estimate: $5,160–$12,750And that’s assuming no appeals, no contested hearings, and a tenant who leaves quietly when the sheriff shows up.
The Hard Way vs. The Gulf Coast Cash Way
| Category | ❌ Florida Eviction Route | ✅ We Buy Gulf Coast Houses |
|---|---|---|
| Timeline | 30–90+ days (courts are backlogged) | 7–21 days to close |
| Attorney Fees | $1,500–$4,000+ | $0 |
| Court & Filing Costs | $185–$300 + potential appeals | $0 |
| Lost Rent | $2,400–$4,800+ during process | Stops the day we close |
| Repairs Needed | Yes — tenant damage plus prep for re-rent or sale | None. We buy as-is. |
| Agent Commission | 5–6% if you list after eviction | $0 |
| Tenant Handling | Your problem from start to finish | We handle it after closing |
| Outcome Certainty | Low — judges, appeals, sheriff scheduling | High — firm cash offer, set close date |
| Your Stress Level | Very high | One call starts it. Done. |
Done Fighting? Let’s Talk Numbers.
Tell us your situation. We’ll give you a real cash offer — no obligation, no pressure, no games.
Get An Offer Today, Sell In A Matter Of Days
Real Story: Cape Coral Landlord, Nightmare Tenant, Clean Exit
The Situation
A landlord named Dave came to us with a single-family rental in Cape Coral. His tenant had been in the property three years, then stopped paying rent entirely. Dave served the 3-Day Notice correctly under Florida Statute § 83.56. The tenant filed a written response claiming habitability issues — mold and a broken A/C — which immediately complicated things in Lee County Circuit Court.
Dave had already spent $1,800 in attorney fees. His attorney estimated another $2,500–$3,000 to finish the case, plus at least eight more weeks before a sheriff lockout could even be scheduled. The property had visible damage — torn screens, stained flooring, a water heater that hadn’t worked in months. Dave was staring at $8,000–$12,000 in repairs just to make the place rentable again.
What We Offered
We walked the property with Dave. We made a cash offer within 48 hours. We closed in 19 days. Dave paid zero commissions, zero closing costs, zero repair costs. He walked away with a check and handed the entire tenant situation to us.
His Math
Continuing the eviction path: $1,800 already spent + $2,750 estimated to finish + $3,600 in additional lost rent + $10,000 in repairs to re-list = $18,150 in the hole before earning a dollar.
Selling to We Buy Gulf Coast Houses: Closed in 19 days. Cash in hand. Done.
“I kept thinking the eviction was almost over. It never was. These guys made me an offer Monday and we were at the closing table inside three weeks. I wish I’d called sooner.” — Dave K., Cape Coral, Florida
What Florida Law Says You Can and Can’t Do
We’re not attorneys and this isn’t legal advice. But we’ve been through this process with enough Southwest Florida landlords to know where people get hurt. Here’s what matters most:
Florida Statute § 83.67 flatly prohibits self-help eviction. No shutting off utilities. No removing doors or locks. No intentional interference with the tenant’s quiet enjoyment. Violate this and you face civil liability for actual and consequential damages — plus the tenant’s attorney fees. The cure ends up worse than the disease.
Florida Statute § 83.51 requires landlords to maintain the property in compliance with applicable housing codes, keep the roof and structure intact, and maintain plumbing and heating in working order. If a tenant raises habitability as a defense — and they learn fast that it works — it can complicate or stall your eviction entirely. Southwest Florida’s heat makes A/C issues a particularly common battlefield.
Florida Statute § 83.49 governs security deposit returns. After the tenant is out, you have 15 days to return the deposit in full, or 30 days to send a written notice of any deductions by certified mail. Miss those deadlines and you forfeit the right to withhold anything — and potentially owe the tenant more.
If you’re dealing with a rental that came to you through an estate or inheritance, these dynamics get even more complicated. Probate, title issues, and tenant disputes on top of each other are a common scenario we see across Fort Myers and Lee County. We handle those too.
The Bottom Line From People Who’ve Seen It All
Eviction is your legal right under Florida Statute Chapter 83. The process exists for a reason and it does work — eventually. But “eventually” in Lee or Collier County can mean three to six months of lost rent, attorney bills, court appearances, and a property that’s taking damage the whole time. We’ve watched sharp, experienced landlords go through it and come out the other side having spent more than a cash sale would have cost them — and months older.
The traditional eviction-then-list route makes sense if you’re keeping the property long-term and have the reserves and patience to fight it out. But if this rental has become a liability instead of an asset — if you’re done — the math almost always favors a clean, fast exit. Every week you’re fighting a tenant is a week you’re not making money. Time is the one thing you can’t get back.
We’ve bought properties from landlords exactly like you across Fort Myers, Naples, Cape Coral, Marco Island, and everywhere in between. Properties with difficult tenants. Properties with code violations. Properties with years of deferred maintenance. We don’t need them perfect. We need the numbers to work and we close fast. That’s our deal. Would you like us to run the numbers on your property today?
Frequently Asked Questions (FAQ)
How long does an eviction take in Florida?
Start to finish, plan on 30–90 days minimum under Florida Statute Chapter 83 — and that assumes the tenant doesn’t contest anything. Lee and Collier County courts run busy. Uncontested cases can still stretch to four months when you factor in sheriff scheduling.
What does eviction cost in Florida?
Filing fees in Lee and Collier County run $185–$300. Add attorney fees ($1,500–$4,000), lost rent during the process ($2,400–$4,800+), property damage, and cleanup. All in, you’re looking at $5,000–$12,000 before you’re back to zero.
Can I sell my house in Florida with a tenant still living in it?
Yes. We buy tenant-occupied properties all the time across Fort Myers, Cape Coral, Naples, and surrounding areas. We take on the tenant situation after closing — that fight doesn’t have to be yours.
What notice is required before eviction in Florida?
Under Florida Statute § 83.56, nonpayment of rent requires a 3-Day Notice to Pay or Quit (weekends and legal holidays excluded). Month-to-month tenancies require 15 days notice under Florida Statute § 83.57. Notices must be properly served — mistakes here reset the entire clock.
Does selling for cash mean I’ll net less money?
You’ll get below full retail — we’ll be straight about that. But once you subtract eviction costs, holding costs, post-eviction repairs, agent commissions, and closing fees from a traditional sale, the gap closes fast. Run the actual numbers before you assume listing is the better deal.
What if my tenant has damaged the property?
We buy as-is. Damaged flooring, broken A/C, mold, code violations — we’ve seen everything across Southwest Florida. You don’t fix anything. You don’t clean anything. You close and walk away.
Author Bio: This article was written by the team at We Buy Gulf Coast Houses, a trusted local homebuyer based in Fort Myers, Florida. With years of experience helping homeowners sell fast without fees, repairs, or hassles, we’re proud to serve communities from Marco Island to Cape Coral. Learn more at webuygulfcoasthouses.com.
Legal Disclaimer: This article is provided for general informational purposes only and is not legal advice. I am not an attorney. The content is based on my experience as a real estate professional. For legal advice specific to your situation, please consult with a qualified Florida landlord-tenant attorney.