The Florida Eviction Process, Step by Step (2026)
Updated July 2026 · StateNoticePro Editorial
Florida runs one of the fastest eviction procedures in the country. An uncontested nonpayment eviction commonly finishes in three to five weeks, thanks to a short notice period, a strict tenant answer deadline, and a rule that forces tenants to deposit disputed rent with the court before they can fight the case.
Step 1: Serve the 3-day notice (business days)
Under Fla. Stat. § 83.56(3), the tenant gets 3 days — excluding weekends and legal holidays — to pay the rent due or vacate. The notice must state the exact amount of rent owed (rent only, not late fees) and track the statutory wording reasonably closely. Delivery can be by hand, by mail, or by leaving a copy at the premises if the tenant is absent.
Build a compliant notice with the deadline auto-calculated using our free Florida 3-day notice generator.
Step 2: File the eviction in county court (week 1–2)
If the notice expires unpaid, you file an eviction complaint in the county court where the property is located. Florida uses summary procedure, which compresses every deadline. Filing costs roughly $185 plus about $10 per summons, plus process server or sheriff service fees ($40–$80 per tenant in most counties).
Step 3: The tenant's 5-day answer — and the rent deposit rule
After being served, the tenant has 5 business days to file an answer. Here's Florida's decisive twist (§ 83.60(2)): a tenant contesting a nonpayment eviction must deposit the disputed rent into the court registry — and keep depositing rent as it comes due. If they don't, the landlord is entitled to an immediate default judgment of possession without a hearing. In practice, this resolves the large majority of Florida nonpayment cases within days of the answer deadline.
Step 4: Default or hearing (week 2–4)
If the tenant doesn't answer or doesn't deposit rent, you file a motion for default; judges typically sign within days. If the tenant answers and deposits the rent, the court sets a prompt hearing under summary procedure — usually within a couple of weeks.
Step 5: The 24-hour writ of possession
After judgment, the clerk issues a writ of possession. The sheriff posts it on the door, and the tenant has 24 hours to leave before the sheriff returns to supervise removal. Only the sheriff may execute the writ — never change locks or remove belongings yourself before then.
Florida eviction timeline at a glance
| Stage | Time | Rule |
|---|---|---|
| 3-day notice (business days) | 3–5 calendar days | § 83.56(3) |
| Filing + service | 3–10 days | Summary procedure |
| Tenant answer window | 5 business days | § 83.60 |
| Default or hearing | 3–14 days | |
| Writ of possession | 24 hours after posting | § 83.62 |
| Typical total | 3–5 weeks |
Florida-specific pitfalls
- Demanding more than rent. Late fees and utilities don't belong in a 3-day notice unless your lease defines them as "additional rent" — when in doubt, demand rent only.
- Miscounting business days. Weekends and court holidays don't count; a notice served Thursday doesn't expire until Tuesday.
- Local variations: Miami-Dade and some other counties add their own notice and filing quirks; check the county clerk's checklist.