In Florida, a straightforward uncontested eviction usually takes about two to four weeks from the first notice to the sheriff physically removing the tenant. A contested case, where the tenant files a response and fights back, generally runs two to three months, and cases involving appeals or a bankruptcy filing can push past that with no reliable ceiling. How long does it take to evict someone in Florida depends on three things: which notice applies, how quickly the tenant can be served, and whether the tenant responds within the five business days the law gives them.
Timeline by Scenario
Before walking through each step, it helps to see where your situation is likely to land.
- Fastest uncontested nonpayment eviction: three-day notice, a few days to file and serve, five business days with no tenant response, a default judgment within days, then a 24-hour sheriff posting. Roughly two to three weeks.
- Contested eviction: same early steps, then one to three weeks or more waiting for a hearing after the tenant files an answer and deposits the disputed rent. Roughly four to eight weeks, longer in busy counties.
- Month-to-month termination with no cause: the 30-day notice period alone eats a month before a complaint can even be filed, then add the court process. Roughly six to ten weeks.
- Bankruptcy, appeals, or federally subsidized housing: add weeks to months on top of the above. No reliable upper bound.
The single biggest variable is the tenant. A tenant who ignores the papers gives the landlord the fastest possible path. A tenant who files an answer, raises defenses, or triggers federal protections can extend the case well past what most landlords plan for.
The Notice Period Starts the Clock
Every Florida eviction opens with a written notice, and the length depends on why the landlord wants the tenant out.
- Three-day notice for unpaid rent: the tenant has three days to pay or move out, excluding Saturdays, Sundays, and court-observed holidays. A notice delivered on a Wednesday before a normal weekend runs out the following Monday.1Justia Law. Florida Code 83.56 – Termination of Tenancy for Failure To Pay Rent; Notice of Termination of Tenancy for Other Noncompliance With Rental Agreement
- Seven-day notice to cure: for a lease violation that can be fixed, the tenant gets seven days to correct it. The notice must describe the violation and warn that a repeat within 12 months can end the tenancy without a second chance.1Justia Law. Florida Code 83.56 – Termination of Tenancy for Failure To Pay Rent; Notice of Termination of Tenancy for Other Noncompliance With Rental Agreement
- Seven-day unconditional notice: for serious violations like intentional property destruction or a repeated disturbance after a prior written warning, the tenant has seven days to leave with no opportunity to fix anything.2Florida Senate. Florida Statutes Chapter 83 Section 56 – Termination of Tenancy
- Thirty-day notice for month-to-month tenancies: when there is no fixed term and the landlord just wants the tenancy to end, the law requires at least 30 days’ written notice before the end of a monthly rental period. No reason required.3Online Sunshine. Florida Statutes Section 83.57 – Termination of Tenancy Without Specific Term
If the tenant complies during the notice period by paying rent or fixing the violation, the eviction ends there and never reaches a courtroom.
Filing and Serving the Complaint
Once the notice period runs out without compliance, the landlord files a complaint in the county court where the property sits.4Justia. Florida Statutes 83.59 – Right of Action for Possession Filing itself usually happens within a day of visiting the clerk’s office, so this step rarely drives delay.
Service of the complaint and summons is where things slow down. The papers must be hand-delivered to the tenant by a sheriff’s deputy or certified private process server.5Florida Senate. Florida Statutes 48.021 – Process; by Whom Served A tenant who is easy to find can be served within a few days. A tenant who is rarely home or actively avoiding the server can take a week or more, and multiple attempts may be needed before the server resorts to alternatives like posting and mailing. If service is later challenged and the court agrees it was defective, the landlord has to start over. That is uncommon but it happens.
The Tenant’s Five Business Days
After being served, the tenant has five business days (excluding weekends and legal holidays) to file a written answer with the court clerk.6Justia Law. Florida Code 83.60 – Defenses to Action for Rent or Possession; Procedure In nonpayment cases there is a second requirement that catches many tenants off guard: within the same five-day window, the tenant must deposit the full amount of disputed rent into the court registry. The summons itself spells out this deposit requirement.
Failing either requirement is costly. Florida law treats the failure as an absolute waiver of the tenant’s defenses, other than proving the rent was already paid, and the landlord becomes entitled to an immediate default judgment and writ of possession without a further hearing.6Justia Law. Florida Code 83.60 – Defenses to Action for Rent or Possession; Procedure This is the fastest route to the end of the case.
Default Judgment or Hearing
What happens next depends entirely on what the tenant did during those five days.
If the tenant does nothing, the landlord requests a default judgment. Courts often grant these within days because there is nothing to argue about. The judge signs the judgment, the clerk issues a writ of possession, and the file moves to the sheriff.
If the tenant files an answer and deposits the required rent, the case becomes contested and the court sets a hearing. Depending on the court’s calendar, the hearing may be one to three weeks out, longer in busy counties. Common defenses include the landlord’s failure to keep the property habitable, improper notice, or retaliation for complaints about code violations. These defenses do not guarantee the tenant wins, but they add time while the court works through the facts. If the landlord prevails, the judge enters a final judgment for possession and the clerk issues the writ.7Florida Senate. Florida Statutes 83.62 – Restoration of Possession to Landlord
The Sheriff’s 24-Hour Posting
Once the writ is issued, the landlord delivers it to the county sheriff’s office. A deputy posts the writ on the tenant’s door, starting a 24-hour countdown. Unlike the five-day response window, this clock does not pause for weekends or holidays.7Florida Senate. Florida Statutes 83.62 – Restoration of Possession to Landlord If the tenant has not left after 24 hours, the deputy returns and physically removes them. At that point the landlord can change the locks and move the tenant’s remaining belongings to or near the property line.8Online Sunshine. Florida Statutes Section 83.62 – Restoration of Possession to Landlord
What Can Add Weeks or Months
Bankruptcy
A bankruptcy filing triggers an automatic stay that halts most collection activity, including eviction. If the tenant files before a judgment for possession is entered, the eviction freezes until the bankruptcy court lifts the stay or the case resolves.9Office of the Law Revision Counsel. 11 U.S. Code 362 – Automatic Stay The landlord can move to lift the stay, and courts often grant those motions when the tenant has no realistic way to catch up, but the motion and hearing cycle still burns weeks.
If a judgment for possession is already in place when the bankruptcy is filed, the stay generally does not block the eviction. The tenant can still try to extend protection by filing a certification, depositing any rent coming due in the next 30 days, and curing the full monetary default within that period.9Office of the Law Revision Counsel. 11 U.S. Code 362 – Automatic Stay Few tenants facing eviction can pull together that money, but the mechanism exists.
HUD-Subsidized Housing
Tenants in HUD-subsidized properties get a longer runway. Federal regulations require a 30-day termination notice for nonpayment, and the landlord cannot file for eviction if the tenant pays the full balance within that window. The notice must also itemize the rent owed by month.10eCFR. 24 CFR Part 247 – Evictions From Certain Subsidized and HUD-Owned Projects That replaces the ordinary three-day notice and pushes the whole timeline back by roughly four weeks compared to a market-rate case.
Military Servicemembers
Before entering a default judgment against a tenant who did not respond, federal law requires the landlord to file an affidavit about the tenant’s active military status. If the tenant is a servicemember, the court must appoint counsel before going further, and if the landlord cannot determine military status, the court may require a bond.11Office of the Law Revision Counsel. 50 U.S. Code 3931 – Protection of Servicemembers Against Default Judgments These steps add time to any default but do not apply when the tenant actively participates in the case.
Self-Help Does Not Speed Anything Up
Changing the locks, shutting off utilities, or hauling the tenant’s property to the curb outside the formal process is illegal in Florida. A landlord cannot directly or indirectly cut off any utility, block the tenant from the property, or remove doors, windows, or belongings outside a lawful eviction. A tenant who proves a self-help eviction can recover actual damages or three months’ rent, whichever is greater, plus attorney fees, with each separate violation generating its own damage award. A court can also order the landlord to restore access immediately.12Online Sunshine. Florida Statutes Section 83.67 – Prohibited Practices Landlords who try the shortcut almost always end up spending more time and money than the formal eviction would have cost.