Eviction Process in Florida: Timeline, Notices & Costs

Why Florida cases move fast

Three rules make Florida quicker than most states. The nonpayment notice is only 3 days. The eviction summons gives the tenant 5 business days, not weeks, to respond. And a tenant who wants to contest a nonpayment case must deposit the rent into the court registry (§ 83.60(2)). Many tenants can’t or won’t, which ends the case at the default stage.

The rules also apply evenly across the state. Under § 83.425 (2023), state law preempts local ordinances on residential tenancies, so a Miami case and a Pensacola case follow the same notice rules.

Stage 1: the notice

Unpaid rent. Serve a 3-day notice to pay rent or deliver possession, in the statutory form under § 83.56(3). The three days don’t count Saturdays, Sundays or court-observed holidays, so a notice delivered on a Thursday runs through the following Tuesday. Demand rent only, not late fees or other charges, unless your lease defines them as rent. Add time for mailing if you mail it.

Lease violations. For a curable violation (an unauthorized pet, parking on the lawn), a 7-day notice to cure. For a non-curable violation, or a repeat of the same violation within 12 months, a 7-day unconditional notice to vacate.

Month-to-month. At least 30 days’ written notice before the end of a monthly period (§ 83.57(3)).

Stage 2: the complaint

After the notice expires, file a complaint for possession in county court, with a count for unpaid rent if you want a money judgment too. Attach the lease and the notice. The filing fee is about $185, plus roughly $10 per summons and about $40 per defendant for sheriff service. Check the clerk’s current fee schedule, since fees change.

Stage 3: the 5-day summons

The tenant is served with a 5-day eviction summons. Within 5 business days they must file a written answer and, in a nonpayment case, deposit the rent alleged due into the court registry. If they don’t deposit, they generally waive every defense except payment.

Stage 4: default or hearing

If the tenant doesn’t answer or deposit, file a motion for default and final judgment for possession. Many judges sign these without a hearing. If the tenant answers and deposits, the court sets a hearing. The registry money is released to you if you win, which is one reason Florida landlords rarely end a contested nonpayment case empty-handed.

Stage 5: the writ

After judgment, the clerk issues a writ of possession. The sheriff posts a 24-hour notice at the property and, after it expires, restores possession to you. The writ carries its own fee.

A realistic timeline and budget

For an Orlando single-family home renting at $2,000, uncontested:

Stage	Typical time
3-day notice (business days)	3-5 calendar days
Filing and service	3-7 days
5-day answer period	About 1 week
Default judgment and writ	A few days to 1 week
Sheriff’s 24-hour notice	1-3 days
Total	About 2-4 weeks

Three weeks of lost rent at $2,000 is about $1,400. Court and sheriff costs add a few hundred dollars per defendant.

What delays a Florida eviction

• The tenant deposits the rent and answers. The case goes to a hearing.
• A motion to determine rent, filed by a tenant who disputes the amount, which the court must resolve first.
• A defective notice, such as the wrong count of days or extra charges in the demand.
• Multiple defendants, each of whom needs service.
• Bankruptcy, which brings an automatic stay until the bankruptcy court lifts it.
• An appeal, which is uncommon but possible after judgment.

Self-help is illegal

Florida prohibits changing the locks, removing doors, windows or appliances, or cutting off utilities to force a tenant out (§ 83.67). The tenant can recover actual and consequential damages or three months’ rent, whichever is greater, plus court costs and attorney fees. On a $2,000 rent, that’s at least $6,000 for a lockout.

Squatters are a separate issue. Since 2024, a sheriff can remove an unauthorized occupant on an owner’s affidavit under § 82.036, but that process doesn’t apply to a tenant who had a lease.

Ways to avoid the courthouse

A written payment plan can work when a tenant is a few weeks behind and has income coming in. When they don’t, cash for keys gives a clean exit: a set payment and the deposit back for leaving by a signed date with the keys returned. Even in fast Florida courts, a voluntary move-out saves filing costs and gets you the unit back in better shape.

This page is general information, not legal advice. For a contested case, talk to a Florida landlord-tenant attorney or the county court’s self-help center.