Florida Eviction Process & Timeline: Steps, Notices, and How Long It Takes

In Florida, an eviction starts with a written notice and ends only when a judge orders it and a sheriff's deputy carries it out. For unpaid rent, a landlord must serve a 3-day notice to pay or vacate (counting only business days, excluding weekends and legal holidays). For most lease violations, the notice is usually 7 days. The case is filed in the county court of the county where the property sits, and Florida calls the action an eviction (removal of a tenant) under the state's Residential Landlord and Tenant Act. The whole process commonly takes anywhere from about 2 to 6 weeks if the tenant does not respond, and longer if the tenant fights it. Crucially, a landlord can never do it themselves: only a court can order an eviction, and only a law-enforcement officer (the sheriff) can physically remove a tenant.

The notice comes first

Before filing anything, a Florida landlord must give the tenant proper written notice. The required notice depends on the reason:

• Nonpayment of rent: a 3-day notice demanding the rent or possession. Florida's statute excludes Saturdays, Sundays, and legal holidays from the count, so a "3-day" notice often spans nearly a week. The notice must state the exact amount of rent owed (rent only, not late fees or other charges).
• Lease violation that can be fixed (for example, an unauthorized pet or a parking issue): typically a 7-day notice to cure, giving the tenant a chance to fix the problem.
• Serious or repeat violations (such as intentional destruction or a repeat of the same violation within 12 months): a 7-day notice to vacate with no chance to cure.
• Month-to-month tenancy with no lease violation: Florida law now generally requires 30 days' written notice to end the tenancy (a change from the older 15-day rule), though local ordinances may differ.

If the notice is wrong, missing, or for the wrong amount, a judge can dismiss the case and the landlord has to start over.

Filing the eviction in county court

If the notice period passes and the tenant has not paid or moved, the landlord files an eviction complaint in county court. The landlord pays a filing fee plus a fee for the clerk and the sheriff to serve the tenant with a summons and a copy of the complaint.

• The tenant is served personally or, if that fails, by posting the summons on the door (with a copy mailed).
• Once served, the tenant generally has 5 business days (excluding weekends and holidays) to file a written response with the court.
• In a nonpayment case, Florida law requires the tenant to deposit the disputed rent into the court registry in order to contest the eviction. Missing this deposit is one of the most common reasons tenants lose, so a tenant who wants to fight should act fast and ask the clerk about the registry amount.

Hearing, judgment, and the writ of possession

What happens next depends on whether the tenant responds:

• No response filed: the landlord can ask the clerk for a default, and the judge can enter a judgment for possession quickly, sometimes within days.
• Tenant responds: the court sets a hearing. If the dispute is only about possession, hearings are often scheduled within a couple of weeks. The judge listens to both sides and decides.

If the landlord wins, the court issues a writ of possession. The clerk delivers it to the sheriff, who posts it on the door. Florida law gives the tenant 24 hours after the writ is posted to leave before the deputy returns to remove them and any remaining belongings so the landlord can change the locks.

A realistic Florida timeline

Every county moves at its own pace, but a typical uncontested nonpayment eviction looks roughly like this:

• Days 1-5 or so: 3-day notice runs out.
• Week 1-2: landlord files, tenant is served, 5-day response window runs.
• Week 2-4: default or hearing, then judgment and writ of possession.
• Final 24 hours: sheriff posts the writ and then performs the lockout.

Start to finish, that is often about 3 to 5 weeks when uncontested. A contested case, a defective notice, or a busy court docket can stretch it to a couple of months or more.

The tenant's right to fight it

A tenant in Florida has real defenses and the right to be heard before a judge. Common defenses include an improper or inaccurate notice, the landlord accepting partial rent after serving the notice, retaliation for requesting repairs or reporting code violations, or the landlord failing to maintain the unit. Tenants can also raise problems with how they were served. To preserve these rights, a tenant generally must file a written response on time and, in nonpayment cases, deposit the disputed rent into the court registry. Because Florida moves quickly and the registry rule trips up many tenants, talking to a Florida tenant attorney or local legal aid office early is often well worth it.

This article is general information, not legal advice. Landlord-tenant law changes, and Florida cities and counties (for example, some have their own notice or relocation rules) can add local requirements. Confirm the current Florida statute and your county's procedures, or consult a Florida landlord-tenant attorney, before acting.