Eviction process and timeline in Florida: A step-by-step guide

An uncontested Florida eviction typically takes about 3 to 6 weeks from the first notice to the sheriff turning over possession. Florida is one of the more landlord-friendly states, and that brisk timeline is part of why. The Florida evictions process runs on a fixed statutory path under Chapter 83 of the Florida Statutes, and the courts enforce that path strictly: a defective three-day notice can force you to restart the case, and a missing non-military affidavit can block default judgment until you file it.

Florida eviction laws every landlord must know before filing

Part II of Chapter 83 (§§ 83.40–83.683), the Florida Residential Landlord and Tenant Act, governs your residential evictions. Commercial properties fall under Part I, which runs on different rules: nonpayment notices don't exclude weekends, at-will tenancies terminate on 15 days' notice instead of 30, and there is no express self-help prohibition. If you own a mixed portfolio, don't apply your commercial playbook to a residential unit. Part II also excludes transient occupancy in hotels, motels, and similar short-stay arrangements under § 83.42, so you may not be able to remove a short-term guest through the residential eviction path at all.

A lease cannot waive the notice requirements in § 83.56(4), so a clause shortening the cure period is unenforceable. HB 1417 (2023) added § 83.425, which preempts local ordinances on notices, screening, deposits, and fees. Miami-Dade and Orange County had enacted 60-day notice requirements for month-to-month tenancies; the statewide 30-day rule under § 83.57 now controls everywhere. Verify the current statute text before filing, since the legislature amended § 83.56 as recently as 2025.

Types of eviction notices in Florida and when to use each

The notice you serve depends on what the tenant did, and serving the wrong one is a common reason cases get dismissed. The table below matches each notice to its trigger and cure period:

• Notice type | Trigger | Cure period
• 3-day notice to pay or vacate (§ 83.56(3)) | Nonpayment of rent | Pay in full within 3 days, excluding Saturdays, Sundays, and court-observed holidays
• 7-day notice to cure (§ 83.56(2)) | A lease violation the tenant can fix | 7 days to correct the violation
• 7-day unconditional quit (§ 83.56(2)) | A non-curable violation | None; tenant has 7 days to vacate
• 30-day notice to terminate (§ 83.57) | Ending a month-to-month tenancy | None; not less than 30 days' notice
• 15-day termination (§ 83.03) | Ending a nonresidential at-will tenancy | None; does not satisfy the residential 30-day minimum

The 15-day notice comes from § 83.03 and applies only to nonresidential at-will tenancies.

How to serve a three-day notice correctly

The three-day notice for nonpayment is where most procedural errors happen, and a defective notice kills the case. The Florida Bar Journal states it plainly: a notice that fails to substantially comply with the statutory form "is defective and, therefore, a complaint based on such defective notice cannot state a cause of action for eviction." The remedy is to serve a corrected notice, let the new period run, and refile.

Florida gives you these delivery methods:

• Service method | What to document
• Hand the notice to the tenant | Keep a dated copy showing personal delivery
• Mail the notice | Add five days to the compliance date as described below
• Post the notice in a conspicuous place on the premises if the tenant is absent | Photograph the posted notice on the door

Count the days carefully. The day you deliver the notice does not count; the clock starts the following day. Saturdays, Sundays, and court-observed legal holidays are excluded. So if you hand the tenant the notice on a Thursday, Friday is day one, Monday is day two, Tuesday is day three, and Wednesday is the earliest you can file. If you mail the notice instead of delivering it, Florida Rule 1.090(e) adds five more days to the compliance date, also excluding weekends and holidays. The full period must completely expire before you file suit. Filing on day three, even at 4:59 p.m., is premature.

Document service with a copy of the notice and a dated record of how you delivered it. If you post the notice, photograph it on the door. If the tenant pays part of the rent after you post the notice, you keep the right to evict, but § 83.56(5)(a) requires a statutory step before filing:

• Option | What you do
• Receipt | Give a receipt showing the date, amount, and balance due
• Court registry | Place the partial payment in the court registry when you file
• New notice | Post a new three-day notice reflecting the new balance

Filing the eviction complaint

Once the notice period expires without payment, you file your complaint for eviction in county civil court; check your clerk's instructions for the correct division and location. Clerks generally expect the complaint for eviction (the Florida Bar publishes approved forms) together with your signed lease agreement and the expired notice, so check your county's eviction packet for its exact list. The complaint itself relies on the lease agreement to establish the tenancy terms, rental amount, and the obligations the tenant failed to meet. You will also need a notarized non-military affidavit (Form 81) before the court can enter a default, so prepare it early.

Fees are nearly uniform statewide. The FCCC 2025 Distribution Schedule lists the tenant eviction filing fee at $185.00, and the major county schedules (Miami-Dade, Broward, Orange, Hillsborough, Pinellas, Duval, Palm Beach, Lee, and Leon) all charge that amount plus a summons issuance fee, typically $10, charged per defendant in some counties and included in the filing fee in Pinellas. If you also sue for back rent, the fee tiers up:

• Claim | Filing fee
• Possession only, or damages up to $2,500 | $185
• Damages over $2,500 up to $15,000 | $300
• Damages over $15,000 | $400

You can file without an attorney. The Florida Courts E-Filing Portal accepts self-represented litigants; registration is free, you must upload documents in PDF/A, and paying court fees through the portal adds a 3.5% card convenience fee or a $5.00 flat e-check fee. Paper filing at the clerk's office remains an option for pro se filers everywhere, and in Broward County it's the only option: the Broward Clerk does not support electronic filing of self-service eviction forms, so you file in person. Confirm your county clerk's current fee schedule and copy requirements before you go; Palm Beach, for example, wants the original plus two copies per defendant with envelopes.

Serving the summons and the tenant's five-day response window

Once you file the complaint for eviction, the clerk issues a summons giving the tenant five days after service of process to file a written answer under the summary procedure in § 51.011. The sheriff or a certified process server delivers it. The statutory sheriff's fee under § 30.231 is $40 per summons served, and the sheriff keeps the service fee once you request service.

The five-day window carries a second deadline that decides most contested cases. Under § 83.60(2), a tenant who raises any defense other than payment, including a defective-notice defense, must deposit the accrued rent alleged in the complaint into the court registry within those same five business days, plus rent as it comes due during the case. Missing the deposit is an "absolute waiver" of all defenses except payment; the court enters an immediate default and the writ of possession issues without further notice or hearing. Florida's Fourth DCA confirmed in a 2024 opinion that the landlord is entitled to the writ as a matter of right in that situation.

A tenant who disputes the amount can file a Motion to Determine Rent within the same window instead of depositing the full sum. It must be filed with the answer and include documentation showing the alleged amount is wrong. The court must hold a hearing on a timely motion, and a judge cannot enter final judgment while that motion is pending, so this filing can add weeks to your timeline. Since July 1, 2024, the tenant's approved answer form (Form 1.947(b)) warns tenants directly: "If you fail to follow these instructions, then you will lose your defenses."

When the tenant does not respond: default and final judgment

If the tenant files nothing within five business days, you can move for default as early as day six after service. Florida uses a two-step process. First, file a Motion for Clerk's Default (Form 76) along with the notarized non-military affidavit (Form 81). Second, file a Motion for Default Final Judgment (Form 78), which a judge signs. If you also seek a money judgment, add the damages motion (Form 79) with an Affidavit of Damages (Form 80). Some county default packages also ask for an Affidavit of Non-Payment of Rent, so pull your clerk's default checklist before you file.

The non-military affidavit is a federal requirement under the Servicemembers Civil Relief Act (50 U.S.C. § 3931), and it has teeth. You must state whether the defendant is in military service, with supporting facts, or state that you are unable to determine whether the defendant is in military service. Verify status for free through the DMDC SCRA website; a Social Security number is not required, and last name plus date of birth works. If the tenant is on active duty, the court appoints counsel and must grant at least a 90-day stay in the circumstances the statute lists. Filing a false affidavit carries a fine or up to one year of imprisonment, and a servicemember can move to reopen a default judgment entered during service, within 60 days after release from service, if military service prejudiced the defense and the servicemember has a meritorious defense.

Contested evictions: hearing, mediation, and trial

When the tenant files an answer and makes the registry deposit, the case goes to a hearing, and you have to ask for it. The Florida Bar's consumer pamphlet states: "Five business days after the complaint is served, you may request the court to set a date for a hearing." Section 83.59 directs the court to advance the cause on the calendar, but there is no fixed statewide interval; scheduling depends on the docket. If the hearing does not resolve the case, the court sets it for trial on the possession count under the same summary procedure, and the judge decides possession first; the landlord can try any damages claim later. Some circuits build mediation into the process. Palm Beach County sets its residential eviction Division RS hearings on alternating Wednesdays and Fridays, while the court sets Division RD cases on an expedited basis. Miami-Dade's eviction diversion pilot handled 2,060 cases between 2023 and 2024, with nearly 90% resulting in prevented or delayed evictions.

At the hearing, bring the file you will need to prove the case: lease and notice, proof of service, rent ledger, plus relevant communications. Expect one or more of these defenses:

• Defense | What the tenant argues and what limits it
• Retaliation (§ 83.64) | The tenant claims you filed because they complained to a code enforcement agency, organized with other tenants, or exercised fair housing rights. The defense fails if you prove good cause for the eviction, such as nonpayment, and the statute requires different treatment of the tenant as a prerequisite.
• Failure to maintain the premises (§ 83.51(1)) | Material noncompliance with building, housing, or health codes is a complete defense to a nonpayment eviction, but only if the tenant delivered written notice specifying the noncompliance and stating an intent not to pay rent, and at least seven days elapsed before the defense is raised. Noncompliance with the § 83.51(2) obligations (pest control, locks, common areas) is expressly not a possession defense.
• Discrimination (Chapter 760) | Florida's Fair Housing Act prohibits eviction based on race, color, national origin, sex, disability, familial status, or religion, and refusing a reasonable accommodation for a disabled tenant counts. An accommodation request can be made even after litigation starts.

Every one of these defenses still requires the registry deposit. Appellate courts applied that rule to a fair-housing defense as recently as a 2025 First DCA decision, and § 83.56(5)(b) bars the court from setting mediation or trial until the deposit requirement is met.

Writ of possession and sheriff enforcement

After judgment for the landlord, the clerk issues a writ of possession to the sheriff. The writ of possession is the court's final order directing the sheriff to restore possession to the landlord. Under § 83.62(1), the sheriff posts a 24-hour notice conspicuously on the premises, and the statute is explicit that Saturdays, Sundays, and legal holidays do not stay the 24-hour period. It runs as a straight 24 calendar hours from posting. Writ enforcement fees vary by county: Miami-Dade charges $115 per writ per address, while Orange and Hillsborough each charge $90.

Once the 24 hours expire, the sheriff puts you in possession. You or your agent may remove the tenant's personal property to or near the property line, and you can pay the sheriff a reasonable hourly rate to stand by while you change the locks. Under § 83.62(2), neither you nor the sheriff is liable for loss or damage to property after it has been removed.

For belongings the tenant leaves behind, Chapter 715 (§§ 715.104–715.111) offers an optional disposition procedure. If you use it, send written notice titled "Notice of Right to Reclaim Abandoned Property," give a claim deadline of at least 10 days when you hand-deliver it or 15 when you mail it, and sell unclaimed property at a public sale by competitive bidding. If you reasonably believe the total resale value is under $500, you may keep or dispose of it in any manner. The property-to-the-property-line route under § 83.62(2) requires none of this after a court-ordered eviction; Chapter 715's optional procedure applies once the tenancy ends, including after an eviction, and § 83.67(5) allows the lease-legend shortcut only where the tenant surrenders or abandons the unit.

Florida eviction timeline: how long each stage takes

Every stage of the Florida evictions process has its own clock, and our state-by-state eviction timeline shows how Florida compares. Most uncontested cases finish in three to six weeks. The Hillsborough County Clerk puts the range at 3 to 6 weeks "if all paperwork is in order and the tenant does not answer the summons." Here is how the stages stack for a nonpayment case:

• Stage | Uncontested | Contested
• 3-day notice period | 3 business days minimum (add 5 if mailed) | Same
• Filing and service of summons | Several days, depending on the process server | Same
• Tenant response window | 5 business days after service | 5 business days; answer plus registry deposit filed
• Default or hearing | Default available as early as day 6 after service | Landlord requests hearing; date depends on docket, mediation, and any Motion to Determine Rent
• Judgment and writ issuance | Clerk issues the writ after the judgment is signed; timing depends on the clerk | After hearing or trial
• Sheriff enforcement | 24 hours after the writ is posted | Same

Contested cases have no reliable ceiling. Common delay drivers include difficulty serving the tenant, a Motion to Determine Rent (which forces a hearing before judgment), crowded county dockets, court-ordered mediation, and SCRA stays of 90 days or more for active-duty tenants. The delay you control entirely is a defective notice: get the form and the day-count right the first time, because redoing the notice restarts everything ahead of it.

Illegal self-help evictions landlords must avoid

However slow the court feels, acting outside it is the most expensive shortcut in Florida landlord-tenant law. Section 83.67 prohibits shutting off or interrupting any utility (water, heat, electricity, gas, garbage collection), changing the locks or installing a bootlock, removing outside doors, locks, windows, walls, or the roof except for genuine maintenance, and removing the tenant's belongings before a lawful eviction is complete. Florida's Fourth DCA has held that unlawfully changing the locks amounts to constructive eviction.

The penalty under § 83.67(6) is actual and consequential damages or three months' rent, whichever is greater, plus costs and the tenant's attorney's fees. Repeated violations that are not part of the same incident draw separate damage awards, so a lockout followed a week later by a utility shutoff draws two separate awards. A violation also constitutes irreparable harm for injunctive relief, meaning a court can order you to restore access or utilities on an emergency basis while the damages claim proceeds. On a $2,000-a-month unit, one impatient lockout costs at least $6,000 plus fees, and it hands the tenant leverage in the eviction you still have to win. The 24-hour writ is the only lawful removal mechanism.

Protecting your rental income during and after eviction

An eviction costs you court and sheriff fees, plus every week of unpaid rent while the case runs.

• Document everything from day one: dated photos at move-in and after possession, a clean rent ledger, copies of every notice with delivery method and date. A tenant's lawyer will build a contested hearing out of gaps in your records.
• Move fast on deadlines. Serve the notice the day rent default triggers it, file the day the notice expires, and move for default on day six.
• Know where tenants will get advice, because a tenant connected to counsel early is more likely to make the registry deposit and contest. Florida Rural Legal Services (1-888-582-3410) handles housing cases across 13 counties, and United Way's 2-1-1 line covers all 67 Florida counties with rental assistance referrals.

Loss of rental income coverage pays the fair rental value of the unit while it's uninhabitable because of a covered loss, such as vandalism or water damage discovered after you retake possession. It does not function as rent-guarantee coverage for unpaid rent during the eviction. Steadily's loss of rental income coverage pays up to 12 months of fair rental value, with a sub-limit that scales with your dwelling coverage limit. If your current policy is a homeowners' form on a rental, that gap is worth closing before the next turnover. Landlord insurance in Florida is built for rentals, not owner-occupied homes; get a quote at quote.steadily.com.

FAQ

Quick answers to the questions Florida landlords ask most about the eviction process.

How do I count the three days on a three-day notice?

The delivery day doesn't count, and you skip Saturdays, Sundays, and court-observed holidays. Notice delivered Thursday means the earliest filing day is Wednesday. Mailing the notice adds five more days under Rule 1.090(e).

What happens if the tenant ignores the summons?

After the five-day answer window closes, you file a Motion for Clerk's Default with the notarized non-military affidavit, then a Motion for Default Final Judgment for a judge's signature. Default can be sought as early as the sixth day after service.

What is the court registry deposit?

A tenant raising any defense besides payment must deposit the rent alleged in the complaint (plus rent coming due) into the court registry within five business days of service, or file a Motion to Determine Rent with supporting documentation. Skipping both waives every defense except payment and produces an immediate default and writ.

How long does a Florida eviction take start to finish?

Uncontested cases generally run three to six weeks, with the Hillsborough Clerk's published estimate topping out at six. Contested cases depend on the docket, mediation, and motions, and can run considerably longer.

What can't I do while the case is pending?

You cannot shut off utilities, change the locks, remove doors or windows, or take the tenant's property before the sheriff executes the writ. Violating § 83.67 makes you liable for the tenant's actual damages or three months' rent, whichever is greater, plus attorney's fees, with separate awards for each distinct violation.

Does an eviction show up on the tenant's record?

You file the case in county civil court, which means the filing, the judgment, and the writ all sit in that court file. If you want a money judgment for unpaid rent, that is a separate outcome you have to plead and prove with the damages motion (Form 79) and Affidavit of Damages (Form 80).