Evictions in Florida can be a quick process or a prolonged legal battle, depending on the tenant’s response, court availability, and whether the landlord follows proper procedures. Understanding the eviction timeline helps landlords plan accordingly and avoid unnecessary delays.
This guide outlines each stage of the eviction process, estimated timeframes, and common factors that affect how long it takes to remove a tenant.
How Long Does an Eviction Typically Take in Florida?
A straightforward eviction (where the tenant does not contest the case) can take 3-4 weeks from serving notice to the tenant’s removal by the sheriff. However, if the tenant contests the eviction, files defenses, or requests hearings, the process may extend to 8 weeks or longer.
The timeline varies based on county court backlogs and whether the tenant delays the process by filing responses, requesting hearings, or appealing the case.
Step-by-Step Eviction Timeline in Florida
Step 1: Serve the Eviction Notice (3 to 60 Days, Depending on Notice Type)
The first step is delivering the appropriate eviction notice:
- 3-Day Notice – For non-payment of rent.
- 7-Day Notice to Cure – For lease violations that can be fixed.
- 7-Day Unconditional Notice to Vacate – For serious lease violations.
- 15-Day Notice to Terminate Month-to-Month Tenancy (or 60 days in Broward County).
🔹 Timeframe: The notice period must expire before filing an eviction lawsuit.
Step 2: File an Eviction Lawsuit (1-3 Days for Filing & Service)
If the tenant does not comply with the notice, the landlord can file an Unlawful Detainer (Eviction) Complaint in county court. The court then issues a summons, which must be served to the tenant by a process server or sheriff.
🔹 Timeframe: 1-3 days to file and serve the complaint.
Step 3: Tenant Response Period (5 Days)
Once served, the tenant has 5 business days (excluding weekends and holidays) to file a written response with the court.
Possible outcomes:
✅ Tenant does not respond: The landlord can request a default judgment (skip to Step 5).
⚠ Tenant files a response: The case may require a hearing, delaying the process.
🔹 Timeframe: 5 business days (if uncontested), longer if contested.
Step 4: Court Hearing (If Tenant Contests the Eviction) – Adds 2-4 Weeks
If the tenant contests the eviction, the court may schedule a hearing to determine whether they have a valid legal defense.
Common tenant defenses include:
- Improper notice or defective service.
- Landlord’s failure to maintain the property.
- Retaliation or discrimination claims.
If the tenant requests a hearing, the court’s schedule will dictate how soon the hearing occurs.
🔹 Timeframe: 2-4 weeks delay if a hearing is required.
Step 5: Final Judgment for Possession (1-3 Days for Court Approval)
If the tenant does not respond or the landlord wins the case, the court issues a Final Judgment for Possession, allowing the landlord to remove the tenant legally.
🔹 Timeframe: 1-3 days after requesting the judgment.
Step 6: Writ of Possession & Sheriff’s Removal (7-10 Days)
The landlord requests a Writ of Possession, which authorizes the county sheriff to remove the tenant. The sheriff posts a 24-hour notice on the property, giving the tenant one last chance to vacate before a forced removal.
🔹 Timeframe: 7-10 days (including the 24-hour notice).
Total Estimated Eviction Timeline in Florida
| Eviction Scenario | Estimated Timeframe |
|---|---|
| Uncontested Eviction | 3-4 weeks |
| Contested Eviction (Hearing Required) | 6-8+ weeks |
| Tenant Appeals or Files Motions | 8+ weeks |
| Delays Due to Court Backlogs | Varies by county |
Factors That Can Delay an Eviction
🔹 Tenant Contests the Eviction: If the tenant files an answer, disputes the claim, or requests a hearing, the process takes longer.
🔹 Court Backlogs: Some counties have busier court dockets, leading to scheduling delays.
🔹 Improper Notices or Errors: If the landlord serves the wrong notice, does not follow proper procedure, or makes filing errors, the eviction may be dismissed, forcing them to start over.
🔹 Tenant Files Bankruptcy: If a tenant files for bankruptcy during eviction, the case may be paused (automatic stay)until a court lifts the stay.
How to Speed Up the Eviction Process
✔ Use Proper Notices: Serve the correct notice on time and in compliance with Florida law to avoid unnecessary delays.
✔ File Immediately After the Notice Period Ends: Don’t wait—as soon as the notice period expires, file the eviction lawsuit.
✔ Ensure Proper Service of Process: Work with a licensed process server or sheriff to ensure the tenant is served quickly and correctly.
✔ Hire an Attorney for Contested Evictions: If the tenant fights the eviction, having an experienced eviction attorneycan help you navigate delays and win the case faster.
Final Thoughts: Know the Timeline & Be Prepared
Florida landlords can typically complete an eviction in 3-4 weeks, but contested cases can take 6-8 weeks or more. The best way to minimize delays is by following the proper legal steps, ensuring correct documentation, and acting promptly.
📞 Need help with an eviction? Contact us today for an eviction consultation!
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