Key Takeaways
- ✓Evictions in Hillsborough County must follow Florida Statute 83.56 — no shortcuts allowed.
- ✓The 3-day notice must exclude weekends and legal holidays from the count.
- ✓Filing costs range from $185-$400 at the Hillsborough County Clerk of Court.
- ✓Self-help evictions (changing locks, cutting utilities) are illegal under F.S. 83.67.
- ✓LLCs must be represented by a Florida-licensed attorney in eviction proceedings.
Evicting a tenant in Hillsborough County is a legal process with specific steps, specific timelines, and zero room for shortcuts. Florida Statute Chapter 83 governs the process, and Hillsborough County judges enforce it strictly. Here is the step-by-step process for a non-payment eviction — the most common type landlords face.
Step 1: When Can You Start the Eviction Process?
An eviction for non-payment can begin the day after rent is due if the tenant has not paid. Most leases set rent due on the 1st with a grace period through the 3rd or 5th. If your lease does not specify a grace period, rent is legally late on the 2nd. Check your lease terms before proceeding — courts will look at what the lease says, not what you intended.
Step 2: How Do You Serve a 3-Day Notice?
Under Florida Statute 83.56(3), the landlord must serve a written 3-day notice demanding payment of rent or possession of the property. The notice must state the amount owed, and the 3 days exclude weekends and legal holidays. Proper service means:
- Hand delivery to the tenant personally, or
- Leaving the notice at the property with a person of suitable age and discretion, or
- Posting on the door and simultaneously mailing a copy to the tenant
The notice language matters. Use the statutory language from F.S. 83.56 or a Florida-attorney-approved template. Incorrect notice language is the most common reason eviction cases get dismissed in Hillsborough County.
Step 3: How Do You File the Eviction Complaint?
If the tenant does not pay or vacate within the 3-day period, file an eviction complaint (also called a "complaint for possession") at the Hillsborough County Clerk of Court (hillsclerk.com). You can file online or in person at the courthouse (800 E. Twiggs St., Tampa, FL 33602).
Filing costs depend on the amount of back rent claimed:
- $0 - $500: approximately $185
- $501 - $2,500: approximately $300
- $2,501 - $5,000: approximately $400
Add $10-$40 for service of process by the Hillsborough County Sheriff or a private process server.
Step 4: What Happens After Filing?
After the complaint is filed, the clerk issues a summons. The tenant has 5 days (excluding weekends and holidays) to respond after being served. Three outcomes:
- No response: The landlord files a motion for default judgment. The court typically grants possession within a few days.
- Tenant pays into the court registry: Under F.S. 83.60(2), the tenant can deposit the disputed rent with the court clerk and contest the eviction. If they do not deposit rent, the court can enter a default judgment.
- Tenant contests: A hearing is scheduled. The judge hears both sides and issues a ruling. This extends the timeline to 4-8 weeks from filing.
Step 5: How Is the Writ of Possession Executed?
After the court enters a final judgment for possession, the landlord requests a writ of possession from the clerk. The Hillsborough County Sheriff posts a 24-hour notice on the property. If the tenant does not vacate within 24 hours, the sheriff physically removes them and the landlord can change the locks.
This is the only legal way to remove a tenant in Florida. Any attempt to force a tenant out without a court order — changing locks, removing belongings, shutting off utilities, or removing doors — is a criminal offense under Florida Statute 83.67.
What Are the Total Costs of an Eviction?
| Cost Item | Typical Range |
|---|---|
| Court filing fee | $185 – $400 |
| Service of process | $10 – $40 |
| Attorney fees (uncontested) | $500 – $1,500 |
| Lost rent (2-3 months) | $4,400 – $7,800 |
| Property damage / turnover | $1,000 – $5,000+ |
| Total estimated cost | $3,000 – $10,000+ |
How Does ViVi PM's Eviction Protection Work?
At ViVi Property Management, our eviction protection service handles the entire process: drafting and serving notices, coordinating with our eviction attorney, filing at the clerk's office, attending hearings, and overseeing the writ execution. Owners stay informed but do not have to manage any of it.
Prevention is always better than eviction. Our screening process catches high-risk applicants before they become your problem. And our rent collection system flags late payments on day one so we can address issues early — before they escalate to an eviction.
Dealing With a Problem Tenant?
Call us today. We will review your situation and explain your options — from notice to resolution.
Frequently Asked Questions
How much does it cost to evict a tenant in Hillsborough County?+
How long does an eviction take in Hillsborough County?+
Can I change the locks on a tenant who has not paid rent?+
What if the tenant pays part of the rent during the 3-day notice period?+
Do I need a lawyer to file an eviction in Hillsborough County?+
Related Reading
Florida Eviction Process Guide
The statewide eviction guide covering all Florida counties and notice types.
FL Landlord-Tenant Law Guide
Complete 2026 guide to Florida landlord-tenant law, leases, deposits, and maintenance.
Eviction Protection Service
How ViVi PM handles the eviction process so you do not have to.
Barrett Henry
Designated Property Manager
23+ years of real estate experience. Barrett lives in Valrico and manages rentals across east Hillsborough County — the same neighborhoods he drives through every day.
Full bio →