Your rights under Florida law
What a Florida eviction looks like, step by step
A Florida eviction starts with a written notice, then a complaint in county court, a 5-day summons, and, if the tenant doesn't answer and pay the rent into the court registry, a default judgment and a writ of possession the sheriff posts with 24 hours' notice. The fixed deadlines in the statutes add up to about nine business days, close to two weeks on the calendar. Service, the court's calendar and the sheriff's schedule add time on top.
Updated Last checked 4 min read
Quick answer
- Notice first: 3 business days for unpaid rent, 7 days for most lease violations.
- Then a complaint in county court. The state filing fee is $180.
- The tenant has 5 business days after service to answer and deposit the rent with the court.
- No deposit means a default judgment and a writ without another hearing.
- The sheriff posts the writ, and 24 hours later the landlord gets the home back. Weekends don't pause it.
On this page
The steps in order
Step 1: The notice
For unpaid rent, a 3-day notice under section 83.56(3). For a lease violation you can fix, a 7-day notice to cure. For serious or repeated violations, a 7-day notice to leave. To end a month-to-month with no reason given, 30 days.
Step 2: The complaint
If the notice runs out, the landlord files a complaint for possession in the county court where the home is. A property manager or other agent who isn't a lawyer can make only that first filing.
Step 3: The 5-day summons
The sheriff or a process server delivers it. If no one is home, it can be posted on the door, and the clerk mails copies.
Step 4: The answer and the registry
Within 5 days after service, not counting weekends and legal holidays, the tenant files an answer and pays the rent the complaint claims into the court registry, or asks the court to set the amount.
Step 5: Judgment
If the tenant does neither, the landlord can get a default judgment for possession right away. If the tenant answers and deposits, the court sets a hearing.
Step 6: The writ
After judgment the clerk issues a writ of possession. The sheriff posts it with 24 hours' notice, and Saturdays, Sundays and holidays don't stop that clock.
Step 7: Possession
The sheriff puts the landlord back in possession. The landlord can move what is left to the property line and change the locks.
How long it takes
| Stage | What the statute says | In practice |
|---|---|---|
| Notice for unpaid rent | 3 business days after delivery | Fixed |
| Filing to service | No set time | Depends on the sheriff or process server, often days |
| Time to answer and deposit | 5 business days after service | Fixed |
| Default to signed judgment and writ | No set time | Depends on the judge and the clerk |
| Writ to possession | 24 hours after posting | Depends on when the sheriff can post it |
Add up only the fixed pieces and you get about nine business days for a case nobody contests. A case where the tenant answers, deposits the rent and gets a hearing takes longer, and so does any case that stalls on service.
The court registry, explained
Under section 83.60(2), a tenant who raises any defense other than "I already paid" has to deposit the rent the complaint claims with the clerk, and keep depositing rent as it comes due while the case is open. A tenant who doesn't has waived every defense except payment, and the landlord can get a default judgment and a writ without another hearing.
If you think the amount in the complaint is wrong, you can file a motion to determine rent within the same 5 days, with documents that back it up.
In Miami-Dade the clerk takes registry payments by wire transfer only, not ACH, so leave time for the bank.
What it costs
- The statewide county court filing fee for a removal of tenant action is $180, under section 34.041.
- Broward's sheriff charges $40 for each person served with the summons and $90 to execute a writ of possession.
- In Miami-Dade, the landlord pays $40 per service for the 5-day summons, and the default package includes a $115 payment to the sheriff.
- A landlord who adds a money claim for back rent pays a filing fee based on the amount claimed.
What a landlord can never do
Change the locks, take the doors off, remove your things, or shut off the water or power to force you out. Section 83.67 forbids all of it, and the penalty is your actual and consequential damages or three months' rent, whichever is more, plus costs and attorney's fees. The only legal way out is the court process above.
After it is over
An eviction filing is a public court record, and the CFPB says screening companies can generally report eviction actions for seven years, so it follows you into the next application. Renting after an eviction covers what helps.
Questions people ask
How long does an eviction take in Florida?
The fixed deadlines add up to about nine business days for an uncontested case: 3 on the notice, 5 to answer, and 24 hours on the writ. Service, the court's calendar and the sheriff's schedule add to that.
Do I have to pay rent into the court registry?
Yes, if you want to raise any defense other than payment. Deposit the rent the complaint claims within 5 business days of service, and keep paying as rent comes due, or ask the court to determine the amount in that time.
Can I stop an eviction by paying?
Paying everything within the 3-day notice stops it before it starts. After the landlord files, it is up to the landlord whether to take the money and dismiss the case, so get any deal in writing.
What happens to my belongings after the writ?
Once the sheriff executes the writ, the landlord can remove personal property to or near the property line. Neither the landlord nor the sheriff is liable for what happens to it after that.
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Words in this guide
Sources
- Florida Statutes, section 83.56: Termination of rental agreementleg.state.fl.us
- Florida Statutes, section 83.59: Right of action for possessionleg.state.fl.us
- Florida Statutes, section 83.60: Defenses to action for rent or possession, procedureleg.state.fl.us
- Florida Statutes, section 83.62: Restoration of possession to landlordleg.state.fl.us
- Florida Statutes, section 83.67: Prohibited practicesleg.state.fl.us
- Florida Statutes, section 51.011: Summary procedureleg.state.fl.us
- Florida Statutes, section 34.041: Filing feesleg.state.fl.us
- Broward Sheriff's Office: Civil division feessheriff.org
- Miami-Dade County: Evictions (civil process)miamidade.gov
- Miami-Dade Clerk of the Court: Landlord and tenant disputesmiamidade.gov
- CFPB: How long can information like eviction actions and lawsuits stay on my tenant screening record?consumerfinance.gov
Checked against these sources on by Rentvana Editorial. If something has changed, email hello@rentvana.com and we'll fix it.
Questions?
Call 888-601-8344 to talk to a licensed agent, or email hello@rentvana.com and one gets back to you within 1 hour, 8am to 9pm. Renters never pay Rentvana.