Florida Eviction Process Timeline From Notice to Removal

An uncontested residential eviction in Florida usually runs three to six weeks from the first written notice to the sheriff physically removing the tenant. The Florida eviction process timeline is set by Chapter 83, Part II of the state statutes, and it moves in a fixed order: notice, filing, service, a five-day tenant response window, judgment, and a 24-hour sheriff removal. Each step has its own clock, and the total length depends almost entirely on whether the tenant responds and deposits the rent into the court registry.

Step 1: The Notice Period

The clock starts with a written notice to the tenant. The length depends on why the landlord wants the tenant out.

Three-day notice for unpaid rent. The tenant has three days to pay or leave. Saturdays, Sundays, and court-observed holidays don’t count, so a notice delivered Thursday doesn’t expire until the following Tuesday.
Seven-day notice to cure. For a fixable lease violation, like an unauthorized pet, the tenant gets seven days to correct it. If the same type of violation happens again within 12 months, the landlord can move to terminate without offering another chance to fix it.
Seven-day notice to vacate. For serious violations that can’t be cured, such as intentional property destruction, the tenancy terminates and the tenant has seven days to move out.
Thirty-day notice. Ending a month-to-month tenancy requires at least 30 days’ notice before the end of a monthly period, even without a specific violation.

These periods come from Florida Statutes 83.56 and 83.57.¹² None of them can be shortened, and a lawsuit filed before the notice period expires will be dismissed.

For a three-day notice, the statute is picky about content. The notice must identify the amount owed, the property address, and a deadline calculated by counting three business days from delivery, excluding weekends and court-observed holidays. Deviating from the statutory template in meaningful ways is one of the most common reasons eviction cases get thrown out.¹

Delivery can be by mail, hand delivery to the tenant, email if the lease includes an email provision under Section 83.505, or by leaving a copy at the rental unit if the tenant isn’t home.³ Certified mail with return receipt is the safest paper trail if the tenant later denies receiving it.

Step 2: Filing the Eviction Complaint

Once the notice period runs out and the tenant hasn’t paid, moved, or cured, the landlord files a complaint with the county clerk of court. The complaint identifies the landlord, tenant, property address, and lease breach, and a summons directing the tenant to respond goes with it.

The base filing fee for an eviction without a damages claim is $185. Each summons adds $10, so a single-defendant case costs $195.⁴ Adding a claim for unpaid rent or damages up to $15,000 raises the filing fee to $300. The landlord should bring the original lease and a detailed rent ledger showing every missed payment and any late fees the lease authorizes.

Step 3: Serving the Tenant

After the clerk assigns a case number and signs the summons, the papers must be formally delivered. The landlord can’t do it. Florida requires service by the county sheriff or a certified private process server.

The sheriff charges $40 per summons under Florida Statute 30.231.⁵ Private process servers are often faster but typically charge more. Service is complete when the server hands the papers to the tenant or another adult at the property, or posts them on the front door if nobody answers. The server then files an affidavit with the court recording the date, time, and method.

Step 4: The Tenant’s Five-Day Response Window

This is the pivot point in the whole timeline. After being served, the tenant has five days to file a written response, excluding Saturdays, Sundays, and legal holidays. During that same five days, the tenant must deposit the full amount of past-due rent into the court registry. Missing either step is an absolute waiver of virtually all defenses, and the landlord can immediately request a default judgment along with a writ of possession.⁶

Tenants in public housing or receiving rent subsidies only have to deposit the portion of rent they personally owe under their program, but the five-day deadline still applies. A tenant who files a spirited answer contesting the eviction but forgets to deposit the rent has effectively conceded the case.⁶

Step 5: Judgment

What happens next depends on whether the tenant responded.

If the tenant didn’t answer or didn’t deposit rent, the landlord moves for a clerk’s default and the judge can enter a final judgment without holding a hearing. That’s the fast track, often adding only a few days to the timeline.

If the tenant did respond and did deposit the rent, the landlord requests a hearing. County calendars vary, but hearings are commonly scheduled within two to four weeks of the request. At the hearing, the judge reviews the lease, the notice, proof of service, and the evidence of breach. A ruling for the landlord produces a Final Judgment of Eviction, which authorizes the clerk to issue a writ of possession.

Step 6: Writ of Possession and Physical Removal

The clerk issues the writ to the county sheriff. The landlord pays $90 to have it executed, reflecting the $40 base writ service charge plus $50 for the physical removal, both set by Florida Statute 30.231.⁵

The sheriff then visits the property and posts a 24-hour notice on the premises. Weekends and holidays do not pause this clock. The statute explicitly states that Saturdays, Sundays, and legal holidays don’t delay the notice period.⁷ A notice posted Friday afternoon lets the sheriff return Saturday to execute the removal.

Once the 24 hours pass, the sheriff returns and physically removes the tenant. The landlord or an agent can then move any remaining belongings to or near the property line. Legal possession returns to the landlord at that point, and the locks can be changed. Neither the sheriff nor the landlord is liable for loss or damage to property removed during this process.⁷

Commercial Leases Run on a Different Clock

The timeline above governs residential tenancies under Part II of Chapter 83. Commercial evictions fall under Part I and use different notice periods: 15 days for month-to-month, 45 days for quarter-to-quarter, and three months for year-to-year tenancies.⁸ The court process after filing is the same summary procedure, and a commercial tenant contesting an eviction still has to deposit alleged unpaid rent into the court registry before the answer is due, or waive all defenses except proof the rent was paid.

1
Florida Senate. Florida Code 83.56 – Termination of Rental Agreement
2
The Florida Legislature. Florida Code 83.57 – Termination of Tenancy Without Specific Term
3
The Florida Legislature. Florida Code 83.56 – Termination of Rental Agreement
4
Pasco County Clerk, FL. Landlord/Tenant Eviction Fees and Costs
5
The Florida Legislature. Florida Code 30.231 – Sheriffs Fees for Service of Summons, Subpoenas, and Executions
6
The Florida Legislature. Florida Code 83.60 – Defenses to Action for Rent or Possession; Procedure
7
The Florida Legislature. Florida Code 83.62 – Restoration of Possession to Landlord
8
The Florida Legislature. Florida Code Chapter 83 – Landlord and Tenant