How Long Does an Eviction Take in Florida? 2026 Timeline

TL;DR: An uncontested Florida eviction for nonpayment of rent generally takes 3 to 6 weeks from the day you post the 3-day notice to the day the sheriff removes the tenant. If the tenant answers the summons and fights the case, add another 4 to 8 weeks for a hearing and possible trial. Filing costs typically run $185 to $300 in court fees plus $40 to $80 for service.

_Last reviewed: August 2026 · 7 min read_

You've got a tenant who stopped paying and you need a real number, not a guess. Florida law lays out a specific sequence with fixed waiting periods, and once you know each step, you can tell a tenant almost to the week when they'll need to be out.

Okoniq Property Hub tracks your notice dates, filing dates, and court deadlines in one place so you're never guessing which day the clock actually started.

How long does a Florida eviction take from start to finish?

Most uncontested Florida evictions take 3 to 6 weeks total, and contested ones run 6 to 12 weeks or longer. The timeline breaks into four stages: the written notice period, filing and service, the tenant's answer window, and the writ of possession that puts a sheriff at the door.

For nonpayment of rent, the fastest realistic path looks like this: 3-day notice (business days only), then filing the complaint the same week if rent still isn't paid, then 5 to 10 days for service and the tenant's response period, then another 1 to 2 weeks if the case goes to default judgment, then 3 to 5 more days for the writ of possession. Add it up and you're at roughly 3 to 4 weeks for a tenant who never shows up to fight it. If the tenant contests, files a motion, or the county court calendar is backed up, 8 weeks isn't unusual, and some contested cases in busy counties like Miami-Dade or Orange stretch to 10 or 12 weeks.

The exact number depends heavily on which county you're filing in, since local court dockets vary. Before any of this starts, make sure your eviction notice is worded correctly, because a defective notice restarts the clock from zero.

How long is the notice period before you can even file?

Florida requires 3 business days for nonpayment of rent and 7 days for a curable lease violation, and neither can be filed in court until that window closes. Under Florida Statute 83.56(3), the 3-day notice excludes weekends and legal holidays, so a notice posted on a Thursday doesn't actually expire until the following Wednesday.

For lease violations that can be fixed, like an unauthorized pet, Florida Statute 83.56(2)(b) gives the tenant 7 days to correct the problem. For violations that can't be cured, or a repeat violation within 12 months of an earlier warning, you can serve an unconditional 7-day notice to vacate with no chance to fix it. Getting the notice type wrong is the single most common reason judges dismiss eviction cases, so match the notice to the actual lease breach before you file anything in court.

How long does the court process take after you file?

Once you file, the tenant has 5 business days after being served to file a written answer with the court, and if they don't, you can request a default judgment almost immediately. Filing itself costs $185 to $300 in most Florida counties, plus $10 to $20 per summons and roughly $40 to $80 for the sheriff or process server to deliver it.

If the tenant doesn't answer within those 5 days, the clerk enters a default and the judge typically signs a final judgment within a few business days to a week. That's the scenario that keeps total timelines near 3 to 4 weeks. If the tenant does answer, and especially if they deposit disputed rent into the court registry as Florida law allows, the case moves to a hearing, which can take 2 to 6 weeks to schedule depending on the court's calendar.

| Path | Typical added time | Outcome | |---|---|---| | Tenant doesn't answer summons | 5-10 days | Default judgment, fast writ | | Tenant answers, no hearing needed | 1-2 weeks | Judgment on the papers | | Tenant answers and requests a hearing | 3-8 weeks | Trial date, possible delay |

What happens if the tenant fights the eviction?

A contested eviction adds weeks because the tenant gets a hearing, and in some cases a jury trial, before a judge issues a final judgment. Common tenant defenses in Florida include claiming the landlord failed to maintain the unit, retaliation for a complaint, or a defective notice, and any of these can push the case out 4 to 8 additional weeks.

If the tenant raises a habitability defense, the judge may require them to deposit the disputed rent with the court clerk to keep contesting the case, per Florida Statute 83.60. This step alone can add 1 to 2 weeks while the court sorts out the deposit. Keep every repair record and rent receipt organized in advance, because judges expect documentation, not verbal claims, when a landlord argues the unit was properly maintained. If you're unsure which lease terms actually hold up in court, review the lease clauses every landlord should understand before you're standing in front of a judge.

What does a Florida eviction cost, and how does the final removal work?

A typical Florida eviction costs $500 to $1,500 total once you add court fees, service fees, and any attorney costs, and the final step is a 24-hour notice posted by the sheriff. After the judge signs the final judgment, the clerk issues a writ of possession, usually within 1 to 2 business days, and the sheriff's office posts a 24-hour notice on the tenant's door before physically removing them if they haven't left.

Attorney fees add the biggest variable. Many Florida landlords hire counsel for contested cases, which can run $500 to $2,500 depending on complexity, while uncontested filings are sometimes handled without a lawyer for the cost of filing fees alone. Those costs are generally deductible, and it's worth checking how to deduct eviction costs on your taxes since the expense category matters for your return.

FAQ

Can a Florida tenant delay eviction by filing bankruptcy?

Yes. A bankruptcy filing triggers an automatic stay that pauses the eviction case, often for several weeks, until the landlord files a motion asking the bankruptcy court to lift the stay.

Does Florida require a specific eviction notice form?

No specific state form is mandated, but the notice must state the exact amount owed, the deadline, and be delivered per Florida Statute 83.56, and errors here are the top reason judges dismiss cases.

How fast can you evict for nonpayment of rent in Florida?

The fastest realistic timeline is about 3 to 4 weeks: 3 business days for notice, then roughly 2 to 3 weeks for filing, service, the 5-day answer period, and the writ if the tenant never contests.

Do weekends and holidays count toward the 3-day notice?

No. Florida Statute 83.20 excludes Saturdays, Sundays, and legal holidays from the 3-day nonpayment notice, so the actual calendar time is often 5 to 7 days.

Can you change the locks yourself once the eviction is granted?

No. Only the sheriff can physically remove a tenant in Florida after posting the 24-hour writ of possession notice; self-help evictions, including lockouts, are illegal even with a signed judgment.

This is educational information, not legal advice. Consult a Florida landlord-tenant attorney or your county's clerk of court before filing, since procedures and fees vary by county.