The Short Answer

In Florida, removing a tenant generally requires filing a written eviction complaint in the county where the property is located and properly serving the tenant with the summons and complaint. If the tenant cannot be personally served after required attempts, Florida law allows “posting” service on the premises, but it comes with specific mailing and timing requirements that can affect whether the court can enter a final judgment for removal.

What Florida Law Says

Florida eviction cases are document-driven and service-driven. The landlord (or the landlord’s attorney/agent) must file a complaint that states the facts authorizing removal and describes the premises, and then the tenant must be served in a legally valid way. If personal service is not possible, Florida statutes permit service by posting on the property, but only after specific prerequisites are met and additional copies/envelopes are provided so the clerk can mail notice—plus the court must wait a minimum period after service before entering a final removal judgment.

The Statute

The primary law governing this issue is Fla. Stat. § 83.22.

This statute establishes that if the tenant cannot be found after at least two service attempts (with at least a 6-hour delay between attempts), the summons may be served by posting on the premises, and the landlord must supply extra copies and prestamped envelopes so the clerk can mail the summons/complaint; service is effective on the later of posting or mailing, and at least 5 days must pass before a final removal judgment may be entered.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If service is accomplished by posting/mailing, Florida law requires that service is effective on the later of posting or mailing, and at least 5 days must elapse before a judgment for final removal may be entered. Miscounting timing can delay the case or create grounds to challenge the judgment. (See Fla. Stat. § 83.22.)
• Burden of Proof: If you need posting service, the court file must support that the statutory prerequisites were met (e.g., two attempts, proper intervals, inability to find the tenant, and the clerk’s mailing/certificate). Problems in the record can lead to dismissal or an unenforceable judgment.
• Exceptions: The correct service method and paperwork can vary depending on whether the case is residential vs. nonresidential, whether there are multiple occupants/unknown occupants, and whether the tenant has designated a notice address in writing—issues that can change what must be mailed and where. (See Fla. Stat. § 83.22.)

Trying to handle this alone can lead to procedural errors or dismissal of your case.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.