Broward County Eviction Process: Notices, Filing, and Writ

The Broward County eviction process is Florida’s statutory sequence for removing a residential tenant: deliver the correct written notice, file a complaint and summons with the Broward County Clerk once the notice period runs out, serve the tenant, wait out the five-day response window, obtain a judgment, and have the Broward County Sheriff execute a writ of possession. An uncontested case generally takes three to six weeks from filing to physical removal. A contested one often runs two to three months or longer.

Step One: Deliver the Correct Written Notice

Nothing gets filed in court until the tenant has received the right pre-filing notice for the right reason. Using the wrong notice is one of the fastest ways to lose a case.

Three-Day Notice for Unpaid Rent

When rent is late, the landlord delivers a written demand stating the exact dollar amount owed and giving three days to pay or vacate.¹ The three days exclude the day of delivery, weekends, and court-observed holidays. A notice delivered Wednesday starts counting Thursday and skips any weekend in between. A vague demand like “all past-due rent” won’t survive scrutiny; the exact figure has to be on the paper.

Seven-Day Notice to Cure a Lease Violation

For lease breaches the tenant could realistically fix, such as an unauthorized pet or improper parking, the landlord sends a seven-day notice giving the tenant a chance to correct the problem before the lease terminates.¹ If the same type of violation recurs within 12 months of a written warning, the landlord can move straight to termination without another cure period.

Seven-Day Notice to Vacate for Serious Misconduct

For violations that cannot be fixed, like intentional property destruction or serious misuse of the premises, the landlord delivers a different seven-day notice that simply requires the tenant to vacate. There is no opportunity to cure.

Thirty-Day Notice for Month-to-Month Tenancies

Ending a month-to-month tenancy without a specific violation requires at least 30 days’ written notice delivered before the end of a monthly rental period.² No reason has to be given. To end a tenancy on June 30, the notice must reach the tenant by June 1.

How to Deliver the Notice

Any of the pre-filing notices can be delivered by mail, hand delivery, email if the tenant has agreed to electronic communication under Florida law, or by leaving a copy at the residence when the tenant is absent.¹ The lease cannot waive these requirements. Keep proof of delivery. Without it, there is no evidence the notice period ever started.

Step Two: File the Complaint With the Broward County Clerk

Once the notice period expires and the tenant has not complied, the landlord prepares a Complaint for Eviction and a summons. The complaint identifies the parties, states the property address, and spells out the legal basis for the eviction. Attach the written lease and the pre-filing notice so the court can see the contractual relationship and that notice was properly served.

The Broward County Clerk of the Courts publishes eviction-specific forms on its website.³ Most filers submit documents electronically through the Florida Courts E-Filing Portal, though in-person filing at the courthouse is also available.⁴ The filing fee for a residential eviction in Broward County is $185.⁵

Step Three: Serve the Tenant and Wait Out the Five-Day Response Window

After the Clerk issues the summons, the papers must be formally delivered to the tenant through service of process. The Broward County Sheriff’s Office or a certified private process server handles this and files an affidavit confirming the tenant received them.

From the date of service, the tenant has five business days, excluding weekends and legal holidays, to file a written response with the court. In a nonpayment case, the tenant must also deposit the full amount of rent claimed in the complaint into the court registry at the same time they file an answer. Failing to deposit the rent, or failing to file a motion asking the court to determine the correct amount, waives every defense except the claim that rent was already paid.⁶ This catches many tenants by surprise. Even a strong defense disappears if the money does not reach the registry on time.

Step Four: Default or Contested Hearing

When the Tenant Does Not Respond

If the five-day window closes without an answer or the required rent deposit, the landlord files for a Clerk’s Default confirming the tenant forfeited the right to contest, then files a Motion for Final Judgment. Once a judge signs it, the eviction is granted. Uncontested cases often reach this point three to six weeks after filing, depending on how quickly service is completed and the court’s docket.

When the Tenant Fights It

A timely answer puts the case on a hearing track. The court sets a date for both sides to present evidence. Contested cases may involve motions, document requests, and sometimes court-ordered mediation. A realistic estimate for Broward County is two to three months or longer, depending on complexity and scheduling.

Throughout a contested case, the tenant must keep depositing rent into the court registry as it comes due. If the tenant stops paying into the registry, the court treats that as abandonment of defenses, and the landlord becomes entitled to an immediate default judgment for possession.⁶

Common tenant defenses that can extend or defeat the case include the landlord’s failure to keep the property in habitable condition (which requires the tenant to have given the landlord at least seven days’ written notice before withholding rent), retaliation for complaints to a government agency or for exercising fair housing rights, and errors in the pre-filing notice itself.⁶⁷ A defective notice typically delays the case rather than killing it permanently, because the court must give the landlord a chance to correct the defect, but the delay can add weeks.

Step Five: Writ of Possession and Sheriff Removal

After final judgment, the Clerk issues a Writ of Possession directing the Broward County Sheriff to restore the property to the landlord.⁸ The landlord delivers the writ to the Sheriff’s Office with an execution fee. A deputy posts a 24-hour notice on the property warning occupants to leave. Weekends and holidays do not pause that clock. Once posted, it runs continuously.

If the occupants remain after 24 hours, the Sheriff returns to physically remove them. At that point, the landlord or landlord’s agent may move any personal property left inside to or near the property line. The landlord can ask the Sheriff to remain on scene while the locks are changed, for a reasonable hourly rate. Once the writ is executed, neither the Sheriff nor the landlord is liable for loss or damage to the personal property removed.⁸

Security Deposit Deadlines After the Tenancy Ends

An eviction does not erase the security deposit rules. If the landlord returns the full deposit with no deductions, it has to go back within 15 days after the tenancy ends. If the landlord plans to withhold any portion for unpaid rent, damages beyond normal wear, or other lease-related charges, the landlord has 30 days to send the tenant a written notice by certified mail or authorized email itemizing the amounts and reasons.⁹

The tenant then has 15 days to object in writing. If no objection comes, the landlord can take the claimed amount and must return any balance within 30 days of the original deduction notice. Missing the 30-day deadline to send the deduction notice forfeits the right to claim any part of the deposit, even if the property sustained legitimate damage.⁹

Active-Duty Military Tenants

The federal Servicemembers Civil Relief Act adds protection for active-duty military members and their dependents. A landlord cannot evict a servicemember without a court order where the property is the servicemember’s primary residence and the monthly rent falls below a federally set threshold that adjusts annually for inflation. As of 2025, that threshold was approximately $10,240 per month.¹⁰ When military duties have materially affected the servicemember’s ability to pay rent, the court can halt the eviction for up to 90 days or adjust the lease terms. Verify a tenant’s military status before filing.

What It Costs and How Long It Really Takes

Court filing fee: $185 for the initial complaint.⁵
Service of process: a fee payable to the Broward County Sheriff’s Office or a private process server for each defendant served. Contact the Sheriff’s Civil Division or your server for current rates.
Writ of possession execution: an additional fee paid to the Sheriff’s Office to post the 24-hour notice and carry out the removal.
Attorney fees: optional but common, especially in contested cases. Many Broward County eviction attorneys handle uncontested matters for a flat fee.

An uncontested eviction generally runs three to six weeks from filing to physical removal. A contested case where the tenant answers and raises defenses can stretch to two or three months or more. Delays in serving the tenant, court scheduling backlogs, and motions from either side all push the timeline out. Landlords who try to shortcut any step, especially the notice requirements, almost always end up restarting the whole process.

1
Florida Senate. Florida Code 83.56 – Termination of Rental Agreement
2
Justia Law. Florida Code 83.57 – Termination of Tenancy Without Specific Term
3
Broward County Clerk of Courts. Tenant Eviction Forms
4
Florida Courts Help. Filing Your Forms
5
Broward County Clerk of Courts. Fees and Costs
6
Florida Senate. Florida Code 83.60 – Defenses to Action for Rent or Possession; Procedure
7
Justia Law. Florida Code 83.64 – Retaliatory Conduct
8
Florida Senate. Florida Code 83.62 – Restoration of Possession to Landlord
9
Florida Senate. Florida Code 83.49 – Deposit Money or Advance Rent
10
Creech Air Force Base. Legal Brief – Service Members Civil Relief Act (SCRA)