An unlawful detainer in Florida usually takes about three to five weeks from filing to the sheriff putting you back in the property when the occupant does not fight the case. When the occupant answers and raises defenses, the timeline stretches to roughly two to four months, and sometimes longer. A separate fast-track route added to Chapter 82 in 2024 lets a record owner ask the sheriff to remove certain unauthorized occupants from residential property without going through court at all, and that path can finish in days.
The Fast Track That Can Finish in Days
Section 82.036, added in 2024, lets a record titleholder file a complaint directly with the sheriff’s office rather than the courthouse. If the sheriff verifies that the person filing is the record owner and appears entitled to relief, the sheriff serves a notice to immediately vacate and returns possession to the owner.1Florida Senate. Florida Statutes Chapter 82 – Forcible Entry and Unlawful Detainer
The qualifying conditions are strict. The occupants cannot be current or former tenants under any written or oral rental agreement authorized by the owner. If the occupant claims to be a tenant and the sheriff cannot sort that out on the spot, the owner has to use the traditional court process instead. An occupant who is wrongfully removed under this route can recover actual damages, triple the fair market rent, court costs, and reasonable attorney fees.2Online Sunshine. Florida Statutes Chapter 82 – Forcible Entry and Unlawful Detainer Those penalties are steep enough that the fast track really only fits situations where your title and the occupant’s non-tenancy are both obvious.
Stage-by-Stage Timeline for the Court Process
When Section 82.036 does not fit, you file in the county court where the property sits, and the case moves under Florida’s summary procedure rules. Summary procedure compresses deadlines at every stage, and the court is required to advance the case on its calendar. Chapter 82 also does not require any pre-suit notice, so you can file the day you decide to act.2Online Sunshine. Florida Statutes Chapter 82 – Forcible Entry and Unlawful Detainer
Filing and Summons
The county court filing fee is $180, though clerks in different counties may categorize the case slightly differently.3Florida Senate. Florida Statutes 34.041 – Filing Fees Getting the complaint filed and having the clerk issue a summons usually takes one to five business days.
Service of Process
The summons and complaint must be delivered to each named occupant. Personal service by a process server or the sheriff is standard, with copies handed to the occupant directly or left with someone at least 15 years old who lives at the address.4Florida Senate. Florida Statutes 48.031 – Service of Process Generally When the occupant is easy to find, service takes three to seven days.
Chapter 82 includes a backup for occupants who dodge. If the sheriff makes at least two attempts, with a minimum of six hours between them, and still cannot locate the occupant in the county, the sheriff can post the summons and complaint on a visible part of the property. Service by posting is effective on the posting date, and at least five days must pass after that before the court can enter a final judgment for removal.2Online Sunshine. Florida Statutes Chapter 82 – Forcible Entry and Unlawful Detainer An occupant who actively evades a process server can push this stage into weeks.
The Occupant’s Five-Day Response Window
Once served, the occupant has five business days to file an answer or other response with the court. The count excludes the day of service, Saturdays, Sundays, and court-observed holidays.5Online Sunshine. Florida Statutes 51.011 – Summary Procedure612th Judicial Circuit Court. Unlawful Detainer Instructions No pleadings beyond the complaint and the answer are allowed, so this is the occupant’s only opportunity to raise defenses.
Default or Hearing
If the deadline passes with no response, you can apply for a default judgment. The court enters judgment for you and the clerk can issue a writ of possession within a few days.
If the occupant does answer, the case is set for hearing. The court is required to advance the calendar, but real scheduling depends on the county. In busy jurisdictions like Miami-Dade or Broward, a hearing can be several weeks out. In smaller counties, a hearing may be set within one to two weeks of the response.
Writ of Possession
After judgment, the clerk issues a writ of possession directing the sheriff to return the property to you. Chapter 82 does not spell out its own writ-execution procedure, so the exact process varies by county. Sheriffs commonly follow the Chapter 83 pattern, which requires a 24-hour notice posted on the property before the sheriff executes the writ, with weekends and holidays counting against that clock.7Online Sunshine. Florida Statutes 83.62 – Restoration of Possession to Landlord A sheriff’s service fee applies, with $90 common in some counties, plus possible hourly charges if the removal runs long.1Florida Senate. Florida Statutes Chapter 82 – Forcible Entry and Unlawful Detainer Writ execution usually happens within a few days of issuance.
Uncontested vs. Contested: The Two Main Timelines
Add the stages together and two clear timelines emerge.
Uncontested. Filing takes a few business days. Service adds another three to seven when the occupant is locatable. The five-business-day response window runs. Default and writ issuance follow within a few days, and the sheriff executes shortly after. Total: roughly three to five weeks from filing to physical removal.
Contested. Everything through service looks the same, but instead of default you wait for a hearing date. In a busy county, that alone can consume several weeks. If the occupant convinces the court a tenancy actually existed, the court cannot dismiss the case outright. It must allow you to give the occupant notice under Chapter 83 and amend the complaint into a standard eviction, which requires the pre-suit notices Chapter 82 skipped.2Online Sunshine. Florida Statutes Chapter 82 – Forcible Entry and Unlawful Detainer8Florida Senate. Florida Statutes 83.56 – Termination of Rental Agreement That conversion alone can add a month. A realistic range for a contested case is two to four months, and appeals push it further, with 30 days allowed to file a notice of appeal under summary procedure.5Online Sunshine. Florida Statutes 51.011 – Summary Procedure
What Slows the Case Down
Court backlogs are the most common bottleneck. Even though Chapter 82 cases get calendar priority, a crowded docket still stretches hearing dates in metropolitan counties.
Service problems are the next culprit. An occupant who avoids the process server forces the two-attempt posting procedure, which adds at least five days before judgment can be entered.2Online Sunshine. Florida Statutes Chapter 82 – Forcible Entry and Unlawful Detainer
The tenancy defense is the biggest wildcard. It does not end the case, but it converts it to the eviction track under Chapter 83, and that shift resets the notice clock.
When Chapter 82 Doesn’t Apply
Chapter 82 covers unauthorized occupants without a landlord-tenant relationship. If the person has a lease, pays rent, or has even an oral agreement to rent the property, they are a tenant, and you have to use Chapter 83 eviction procedures instead. Chapter 82 also does not apply to mobile home parks under Chapter 723 or transient public lodging under Chapter 513.2Online Sunshine. Florida Statutes Chapter 82 – Forcible Entry and Unlawful Detainer Choosing the wrong action costs weeks, because the case eventually has to restart on the correct track.