Florida Eviction Timeline: From Notice to Removal

Understanding the Florida eviction timeline is crucial for both landlords and tenants. Here's what you need to know about each step and how long the process actually takes.

If you're facing an eviction in Florida , whether as a landlord trying to regain possession of your property or a tenant concerned about your rights, you're likely asking one critical question: How long will this take?

The answer depends on several factors, but understanding the typical timeline can help you prepare and protect your rights throughout the process.

The Complete Florida Eviction Timeline

In Florida, the eviction process typically takes 20 to 37 days from start to finish for uncontested cases. However, contested evictions or court backlogs can extend this timeline to several months. Here's a breakdown of each stage:

Step 1: Written Notice Period (3-30 Days)

Before filing any lawsuit, Florida law requires landlords to provide proper written notice. The length of this notice depends on the reason for eviction:

• 3-Day Notice: For non-payment of rent. Tenants have three days (excluding Saturdays, Sundays, and legal holidays) to pay the full amount owed or vacate.
• 7-Day Notice to Cure: For lease violations that can be fixed, such as unauthorized pets or noise disturbances. Tenants have seven days to correct the problem.
• 7-Day Unconditional Notice: For serious violations like property damage or repeated lease violations. No opportunity to cure, the tenant must move out.
• 30-Day Notice: For month-to-month tenancies without cause, landlords must provide at least 30 days' notice prior to the end of the rental period.

If the tenant complies during this period by paying rent or fixing the violation, the eviction process stops. If not, the landlord can proceed to court.

Step 2: Filing the Eviction Lawsuit (1-3 Days)

Once the notice period expires without resolution, the landlord can file a complaint for eviction with the county court. This typically happens within one to three days. The landlord must pay court filing fees (approximately $185-$400 depending on the county) and service of process fees to have the summons delivered to the tenant.

Step 3: Service of Summons (2-5 Days)

The court issues a summons that must be properly served to the tenant by a process server or sheriff. This usually takes two to five days. The summons informs the tenant they have been sued and must respond within five business days.

Step 4: Tenant's Response Period (5 Days)

After receiving the summons, tenants have five business days (excluding weekends and holidays) to file a written answer with the court. If the tenant fails to respond, the landlord can request a default judgment. If the tenant does respond, a court hearing will be scheduled.

Step 5: Court Hearing (5-10 Days)

If the case is contested, the court will schedule a hearing, typically within five to ten days. Both parties present their evidence and arguments. The judge will issue a ruling, usually on the same day or within a few days. For uncontested cases where the tenant doesn't respond, this step is much faster, sometimes just a few days.

Step 6: Final Judgment and Writ of Possession (Varies)

If the landlord wins, the court issues a final judgment for possession. After judgment, the clerk will issue a writ of possession to the sheriff. The time for the clerk to issue the writ varies by county and clerk workload — it may be issued the same day or take several days.

Step 7: Sheriff Posts Notice and Enforcement (24 Hours)

The sheriff posts the writ of possession on the tenant's door, giving them 24 hours to vacate the premises. After 24 hours, if the tenant hasn't left, the sheriff may return with the landlord to physically remove the tenant and their belongings and restore possession. (Florida law requires the 24-hour notice; actual scheduling can vary by sheriff's office.)

Important Rights and Requirements

For Tenants: You have the right to proper notice, the opportunity to respond in court, and protection against illegal "self-help" evictions. Landlords cannot lock you out, shut off utilities, or remove your belongings without a court order. If they do, you may be entitled to damages of up to three times your monthly rent plus attorney fees.

For Landlords: You must follow every legal step precisely. Cutting corners or attempting to force a tenant out without a court order can result in lawsuits, fines, and having to restart the entire process. Working with an experienced eviction attorney ensures compliance with Florida Statute 83 and protects your rights.

2025 Updates to Florida Eviction Law

In 2023, Florida amended the Residential Landlord and Tenant Act, which continues to impact evictions in 2025. Key changes include standardized notice periods that override many local ordinances and clarified procedures for various eviction scenarios. Staying current with these laws is essential for both parties.