Key Takeaways
- ✓Florida evictions follow a strict legal process — self-help evictions are illegal.
- ✓A typical uncontested eviction takes 30-45 days; contested can take 60-90+ days.
- ✓Using the wrong notice type (3-day vs. 7-day) can get your case dismissed.
- ✓Total eviction cost including lost rent: $3,000-$8,000 on average.
- ✓Prevention through proper screening costs a fraction of one eviction.
Quick answer: The Florida eviction process requires serving the correct written notice (3-day for non-payment, 7-day for lease violations), filing an eviction complaint with the county court, attending a hearing if the tenant contests, and obtaining a writ of possession for the sheriff to enforce. The entire process typically takes 30-60 days. Self-help evictions (changing locks, shutting off utilities) are illegal under Florida Statute 83.67.
The Florida Eviction Process: Step by Step
Step 1: Serve the Correct Written Notice
Every Florida eviction begins with a written notice. The type of notice depends on the reason for eviction:
3-Day Notice to Pay or Vacate
Used when rent is past due. Gives the tenant 3 business days (excluding weekends and legal holidays) to pay the full amount owed or vacate. The notice must state the exact amount due and cannot include late fees unless they are specified in the lease.
7-Day Notice to Cure or Vacate
Used for lease violations other than non-payment — unauthorized occupants, pets, excessive noise, property damage, etc. Gives the tenant 7 calendar days to fix the violation. If the violation is not curable, you can serve a 7-day unconditional quit notice.
The notice must be delivered in writing. Florida accepts hand delivery, posting on the door (with a copy mailed), or certified mail. Keep proof of service — you will need it if the case goes to court.
Step 2: File the Eviction Complaint
If the tenant does not comply with the notice, you file an eviction complaint (also called an "action for possession") with the county court. In Hillsborough County, this is filed at the county courthouse. Filing fees are approximately $185.
The complaint must include a copy of the lease, the notice you served, proof of service, and a statement of the facts. Most landlords use an attorney at this stage — errors in the complaint can result in dismissal and force you to start over.
Step 3: Tenant Response Period
Once the summons is served, the tenant has 5 business days to respond. Two outcomes:
- • No response (default): You can request a default judgment from the clerk. This is the fastest path — the judge enters judgment in your favor without a hearing.
- • Tenant responds: The case goes to a hearing. In non-payment cases, the tenant must deposit the disputed rent into the court registry to contest the eviction. If they do not deposit rent, you can move for an immediate default judgment.
Step 4: Court Hearing (If Contested)
If the tenant contests the eviction, a judge hears both sides. Common tenant defenses include claiming the property is uninhabitable, that the landlord accepted partial rent after serving notice, or that the notice was defective. This is where documentation matters — inspection reports, communication records, and proper notice service can make or break your case.
Step 5: Writ of Possession
If the court rules in your favor, you receive a final judgment and can request a writ of possession. The sheriff's office posts the writ at the property, giving the tenant 24 hours to vacate. If the tenant is still there after 24 hours, the sheriff returns to physically remove them.
Florida Eviction Timeline
| Stage | Typical Duration |
|---|---|
| Notice period (3-day or 7-day) | 3-7 days |
| File complaint + serve summons | 3-7 days |
| Tenant response period | 5 business days |
| Default judgment (uncontested) | 1-5 days |
| Court hearing (if contested) | 15-30+ days |
| Writ of possession | 7-10 days |
| Total (uncontested) | 30-45 days |
What an Eviction Really Costs
The court filing fee is the smallest part of the cost. Here is the full picture:
Why Prevention Beats Eviction Every Time
The best eviction is the one that never happens. Thorough tenant screening catches most problems before they start. Clear lease terms, consistent enforcement, and professional communication resolve most issues before they escalate.
When eviction becomes necessary, having a property manager who knows the process — and has attorney relationships in Hillsborough County — saves time and prevents the procedural errors that get cases dismissed.
The Bottom Line
Florida's eviction process is straightforward but unforgiving. One wrong notice, one missed deadline, or one accepted partial payment can reset the clock and cost you another month of lost rent. Follow the process exactly, or work with someone who does it routinely.
Frequently Asked Questions
Frequently Asked Questions
How long does a Florida eviction take from start to finish?+
How much does it cost to evict a tenant in Florida?+
Can I change the locks or shut off utilities to force a tenant out in Florida?+
What is the difference between a 3-day notice and a 7-day notice in Florida?+
What happens if a tenant leaves belongings behind after eviction?+
Barrett Henry
Designated Property Manager
23+ years of Florida real estate experience. Barrett lives in Valrico and manages rentals across east Hillsborough County — the same neighborhoods he drives through every day.
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