Duval County Eviction Process: Notices, Filing, and Writ of Possession

The Duval County eviction process runs entirely through the courts under Chapter 83 of the Florida Statutes: a landlord delivers a written notice, files a complaint with the Duval County Clerk of Courts, has the tenant served by the Jacksonville Sheriff’s Office, waits five business days for the tenant’s response, obtains a judgment, and then has the sheriff execute a writ of possession to physically remove the tenant. Self-help lockouts and utility shutoffs are illegal and expensive. Expect at least a few weeks from notice to removal in an uncontested case, and longer if the tenant answers.

Start With the Correct Written Notice

Nothing in the court process moves until the tenant has received a proper written notice, and the type of notice depends on why the landlord wants the tenant out.

For nonpayment of rent, the landlord delivers a three-day notice demanding payment or possession. The three days do not count Saturdays, Sundays, or court-observed holidays. The notice has to state the exact amount owed and the deadline to pay or move.¹

For a first-time lease violation that can be fixed, the tenant gets a seven-day notice with a chance to cure. If the tenant corrects the problem inside that window, the eviction stops there.¹

For serious or repeated violations, the seven-day notice is unconditional. Intentional property destruction, ongoing disturbances after a written warning, and a repeat of the same violation within 12 months of a prior warning all fall here. The lease terminates immediately and the tenant has seven days to leave.¹

Florida law permits four delivery methods: hand delivery to the tenant, mail, email if the tenant agreed to electronic communications under Section 83.505, or leaving a copy at the residence when the tenant is not home.¹ Posting on the door is the most common approach when nobody is there, though the statute says “leaving a copy at the residence.” A landlord who skips notice or uses the wrong type usually loses the case before it starts.

Filing the Complaint With the Duval County Clerk

Once the notice period runs out and the tenant has not paid, fixed the problem, or moved, the landlord files an eviction complaint with the Duval County Clerk of Courts. Filing happens either in person at the courthouse or through the Florida Courts E-Filing Portal.²

The Duval Clerk provides an eviction packet. Form 61 is the complaint for nonpayment of rent; Form 62 covers other lease violations; Form 63 is the eviction summons. To recover unpaid rent alongside possession, Form 61(A) combines both claims and Form 64 is the separate damages summons.³ The complaint must list the full legal names of every adult tenant on the lease, the property address, and either the total rent owed or the exact lease terms violated.

The filing fee for a standard eviction is $185. Adding a claim for money damages increases the fee based on the amount sought.⁴ A complaint that misstates the rent or names the wrong tenants creates delays that add weeks to the case.

Service by the Jacksonville Sheriff’s Office

After the clerk processes the filing and issues the summons, the tenant has to be formally served. In Duval County this is done by the Jacksonville Sheriff’s Office or a private certified process server. The sheriff charges $40 per person served.⁵ The server delivers the documents to the tenant personally or leaves them with someone at least 15 years old who lives at the property.⁶ If nobody answers, the server may post the documents on the property. The proof of service is filed with the court, and the tenant’s response clock begins.

The Tenant’s Five-Day Response and the Court Registry

This is where most Duval County eviction cases are decided. After being served, the tenant has five days, not counting the day of service, weekends, or court-observed holidays, to file a written response with the Clerk of Courts.⁷

Here is the catch that trips up tenants. To raise any defense other than “I already paid,” the tenant has to deposit the full amount of accrued rent claimed in the complaint into the court registry inside that same five-day window. The alternative is a motion arguing the landlord’s rent figure is wrong, and that motion needs documentation. Miss the deposit and miss that motion, and the tenant absolutely waives all defenses. The landlord takes an immediate default judgment with a writ of possession, no hearing.⁷ Tenants in public housing or receiving rent subsidies only deposit the portion they personally owe.

The court charges a registry fee to accept the deposit: 3% on the first $500, then 1.5% on each additional $100. Depositing $2,000 costs roughly $37.50 on top of the rent itself.

The Hearing

If the tenant files a timely answer and deposits the rent, the case moves to a hearing at the Duval County Courthouse. A county court judge reviews the lease, the notices, payment records, and any defenses. The judge checks each statutory step: whether the notice was properly worded, delivered correctly, and followed by the full waiting period before filing.

Common defenses include disputing the rent amount, claiming the property was not maintained in habitable condition, or arguing the eviction is retaliatory. Florida law bars a landlord from filing an eviction primarily to punish a tenant for reporting code violations, participating in a tenant organization, complaining about habitability under Section 83.56(1), ending a lease as a servicemember under Section 83.682, or exercising fair housing rights.⁸ The defense does not apply if the landlord can show a legitimate cause such as genuine nonpayment. Timing does the work: a tenant reports mold to the health department, and two weeks later the landlord files eviction on a minor lease issue that had gone ignored for months.

The landlord bears the initial burden of proving the violation and proper notice. Any procedural defect can get the case dismissed, although the landlord can usually correct the error and refile.

Final Judgment and the Writ of Possession

When the court rules for the landlord, it enters a Final Judgment for Possession, which ends the tenant’s legal right to remain. The clerk issues a Writ of Possession for a $7 fee.⁴ The landlord takes the writ to the Jacksonville Sheriff’s Office and pays a $90 non-refundable execution fee.⁵

The sheriff posts a 24-hour notice on the property warning the tenant to vacate. Weekends and holidays do not pause the countdown. After 24 hours, if the tenant is still there, the sheriff returns and physically removes the occupants. At that point the landlord or the landlord’s agent may move any personal property left inside the unit to or near the property line. The landlord can also request a sheriff standby while the locks are changed, billed at a reasonable hourly rate.⁹

What an Eviction Costs a Landlord

The fees stack up faster than most landlords expect. For an uncontested Duval County eviction with no money-damages claim, the baseline looks like this:

Filing fee: $185⁴
Sheriff service of process: $40 per tenant served⁵
Writ of Possession issuance: $7⁴
Sheriff writ execution: $90⁵
Sheriff standby (if needed): $46 per hour, per officer, after the first hour⁵

That is roughly $322 for a single-tenant case, before attorney fees or the rent lost while the case is pending. Contested cases that go to hearing typically add $500 to $1,500 or more in attorney fees. Adding a damages claim raises the filing fee based on the amount sought. A wrong address on the summons costs another $40 in sheriff fees.⁵ Getting the paperwork right the first time saves weeks and money.

Self-Help Evictions Are Illegal in Florida

Florida law draws a hard line. A landlord cannot shut off water, electricity, gas, or any other utility, even if the landlord is the one paying the bill. A landlord cannot change the locks, install a padlock, or use any device that blocks the tenant’s access. A landlord cannot remove doors, windows, roof, or walls except for genuine maintenance. And a landlord cannot remove the tenant’s personal property except after a lawful eviction, voluntary surrender, or abandonment.¹⁰

The penalty is steep. A tenant can sue and recover actual and consequential damages or three months’ rent, whichever is greater, plus court costs and attorney fees. Each separate violation that is not part of the initial incident triggers its own damages award.¹⁰ A midnight lockout is not faster than the court process; it is just far more expensive.

Military Tenants and Bankruptcy Filings

Two situations can change the ordinary timeline. If the tenant is on active military duty and monthly rent falls under the annually adjusted threshold (roughly $10,240 for 2025), a court cannot enter a default eviction judgment without first appointing an attorney to represent the absent servicemember.¹¹ The landlord must also file an affidavit before any default judgment stating whether the tenant is in the military. If the landlord cannot determine military status, the court may require a bond to protect the tenant if the judgment is later overturned.¹²

If a tenant files bankruptcy during the eviction, the automatic stay generally halts most legal actions against the debtor. But when the landlord already obtained a judgment for possession before the bankruptcy filing, the stay does not stop enforcement, and the writ of possession can still be executed.¹³ A post-judgment bankruptcy filing can delay removal up to 30 days if the tenant deposits the next month’s rent with the bankruptcy court and files the required certification, but it cannot reverse an eviction judgment already entered. For landlords, that means moving quickly from judgment to writ execution, because every day of delay widens the window for a bankruptcy filing to complicate things.

1
The Florida Legislature. Florida Statutes 83.56 – Termination of Rental Agreement
2
Florida Courts. Filing Your Forms
3
Duval Clerk of the Circuit Court. County Civil
4
Duval Clerk of the Circuit Court. Fee Schedules
5
Jacksonville Sheriff’s Office. Civil Process
6
The Florida Legislature. Florida Statutes 48.031 – Service of Process Generally
7
Florida Senate. Florida Statutes 83.60 – Defenses to Action for Rent or Possession
8
The Florida Legislature. Florida Statutes 83.64 – Retaliatory Conduct
9
The Florida Legislature. Florida Statutes 83.62 – Restoration of Possession to Landlord
10
The Florida Legislature. Florida Statutes 83.67 – Prohibited Practices
11
Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress
12
United States Courts. Servicemembers Civil Relief Act
13
Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay