How long does a Florida eviction take?

A straightforward nonpayment case can finish in a few weeks, but contested cases, court backlogs, and defects in the notice can stretch it much longer.

Can a landlord evict me without going to court?

No. Only a court judgment and a sheriff-executed writ of possession can lawfully remove a tenant. Lockouts and utility shutoffs are illegal.

Do weekends count in the 3-day notice?

No. Saturdays, Sundays, and legal holidays are excluded from the three-day period.

What should I do if I receive an eviction summons?

Respond within the deadline stated in the summons, usually five days excluding weekends and holidays, and be prepared to deposit unpaid rent into the court registry if required.

Can a landlord include late fees in a 3-day notice?

Generally no. The notice should demand only the rent actually due, not late fees or other charges.

Florida Eviction Process: Notices, Timeline, and Tenant Rights

How a Florida Eviction Starts

A residential eviction in Florida cannot start with a phone call, a text, or a changed lock. It begins with a written notice that matches the reason for the eviction. If the notice is wrong, the eviction case can be dismissed and the landlord has to begin again.

The Main Notice Types

3-day notice (unpaid rent). It must demand only the rent owed, not late fees or other charges, and it gives the tenant three days to pay or leave. Weekends and legal holidays do not count.
7-day notice to cure (lease violation). It gives the tenant seven days to fix a violation, such as an unauthorized pet.
7-day unconditional notice. It is used for repeat violations within 12 months or serious violations that cannot be cured. The tenant must leave without a chance to fix the problem.
15-day notice (month-to-month). It ends a month-to-month tenancy without needing a lease violation.

The notice must be delivered correctly, usually by hand or by posting it at the home when the tenant is away.

What Happens After the Notice Expires

If the tenant does not pay or leave in time, the landlord can file an eviction complaint in county court and attach the notice. The tenant is served with a summons and generally has five days, excluding weekends and holidays, to file a response.

In a nonpayment case, the tenant who wants to contest the eviction usually has to deposit the unpaid rent into the court registry. Missing that step can mean losing the case without a hearing.

Judgment and the Writ of Possession

If the landlord wins, the court enters a final judgment for possession. The clerk then issues a writ of possession, and the sheriff posts it, giving the tenant 24 hours to leave before deputies can remove the occupants. Only the sheriff can carry out the removal.

What Landlords Cannot Do

Florida prohibits self-help evictions. A landlord may not change the locks, remove doors, shut off water or electricity, or take a tenant's belongings to force them out. A tenant who is illegally locked out may be able to recover damages or possession, or the equivalent of three months' rent, whichever is greater, plus attorney's fees.

Tenant Defenses

Tenants can raise defenses such as an improper or defective notice, rent that was actually paid or refused by the landlord, retaliation, or a landlord's failure to maintain the property after proper written notice. These defenses depend on the facts, so acting quickly matters.

How We Can Help

We assist landlords who need notices prepared correctly and cases filed properly, and tenants who have received a notice or been served with a complaint. Deadlines are short, so contact us as soon as you receive paperwork.