Florida eviction attorney fees generally run $500 to $1,500 as a flat rate for a straightforward uncontested case, and $250 to $375 per hour when a tenant fights back, with contested matters commonly reaching $3,000 to $5,000 or more. Add roughly $300 in mandatory court and sheriff costs that the landlord pays upfront regardless of outcome. Where you land inside those ranges depends on three things: whether the tenant answers, whether your attorney bills flat or hourly, and whether the property is residential or commercial.
Flat Fee or Hourly: How Florida Eviction Lawyers Bill
Most Florida eviction attorneys quote one of two structures. A flat rate is standard for uncontested residential evictions, especially non-payment-of-rent cases where the tenant is expected to ignore the summons. The fee is quoted once and covers a defined slice of work.
Hourly billing takes over when a case turns contested. If the tenant files a response, raises defenses, or brings a counterclaim, almost every firm will either switch to hourly rates or add charges on top of the flat fee. Hourly work usually requires a retainer, an upfront deposit held in the attorney’s trust account and drawn down as work is performed. You get billed to replenish it when the balance runs low.
The trap sits inside the flat fee. Some firms advertise low flat rates that only cover paperwork through a default judgment. If a hearing becomes necessary, or the tenant hires their own lawyer, the meter starts. Others quote a higher flat fee that bundles the full case through execution of the writ of possession. The label “flat fee” tells you almost nothing without the scope in writing.
Typical Cost Ranges in Florida
For an uncontested residential eviction, flat attorney fees generally fall between $500 and $1,500, before court costs. Stripped-down services can run as low as $300 to $550, but at those prices the fee usually stops at default judgment. Full-service packages that bundle the attorney’s time and every court cost through the writ of possession tend to land between $1,000 and $2,500.
Contested cases are harder to price. Hourly rates for Florida eviction work typically run $250 to $375 per hour. A case that involves hearings, discovery, and trial preparation can easily reach $3,000 to $5,000, and sometimes more if the tenant is aggressive. Commercial evictions sit at the top of the range because the leases are more complex, the money at stake is larger, and the legal issues have more layers. Attorneys in Miami, Fort Lauderdale, Tampa, and Orlando generally charge more than those in smaller counties.
Court Costs and Sheriff Fees You Pay on Top
Attorney fees are only part of the bill. The landlord who files the eviction must also pay several mandatory costs to the Clerk of Court and the Sheriff’s Office, and these are due upfront no matter what happens.
The filing fee for a residential eviction seeking only possession is $185.1Pasco County Clerk. Landlord/Tenant Eviction Fees and Costs If the complaint also demands money damages such as unpaid back rent, the filing fee increases based on the amount claimed. A separate $10 charge applies for each summons the clerk issues, one per defendant named in the lawsuit.2Online Sunshine. Florida Code 28.241 – Filing Fees
Service of process is next. The county Sheriff’s Office charges $40 per person served for delivering the summons.3Online Sunshine. Florida Code 30.231 – Sheriff Service Fees Private process servers are an alternative and generally charge $50 to $90 per defendant.
The last mandatory cost is execution of the writ of possession, which directs the Sheriff to remove the tenant and restore the property. Under Florida law, the Sheriff charges $40 for serving the writ plus $50 for enforcing it, totaling $90.3Online Sunshine. Florida Code 30.231 – Sheriff Service Fees Together, filing, service, and writ execution typically add roughly $300 to the case, more if you name multiple defendants or claim damages. All of these costs are recoverable from the tenant if you prevail.
Who Pays in the End
Florida departs from the usual American rule that each side pays its own legal bills. Under Florida Statute 83.48, the prevailing party in any lawsuit brought to enforce a residential rental agreement or the Florida Residential Landlord and Tenant Act can recover reasonable attorney fees and court costs from the losing side.4Florida Senate. Florida Code 83.48 – Attorney Fees The lease cannot waive this right.
Fee-shifting cuts both ways. A landlord who wins can ask the court to order the tenant to reimburse attorney fees. A tenant who successfully defends can turn around and collect from the landlord. Section 57.105(7) also makes contract fee clauses reciprocal, so a lease that only mentions the landlord’s right to recover fees still gives the tenant the same right if they win.
The wrinkle is defining “prevailing party.” A landlord who wins possession but loses on damages, or a tenant who defeats most but not all of the claims, may leave that determination to the judge. Both sides carry real financial exposure, which is why an honest early evaluation of the case usually pays for itself.
What to Nail Down in the Engagement Letter
Before any work starts, the attorney should hand you a written engagement letter with the terms spelled out. This document, more than any conversation, controls what you actually pay.
- Scope of services. The letter should state exactly what the flat fee covers. Representation through default judgment is not the same as representation through trial and writ execution.
- Trigger clauses. Many engagement letters list events that convert a flat-fee case to hourly billing: the tenant hiring an attorney, filing a counterclaim, or initiating discovery. Know the triggers before you sign.
- Hourly rate and billing increments. Attorneys typically bill in six-minute increments. A single email or short call often carries a two-tenths of an hour minimum, so at $350 per hour a two-sentence email can cost $70.
- Costs and expenses. Attorney fees and court costs are separate line items. The letter should say whether filing fees, service charges, and sheriff fees are inside the flat fee or billed on top.
- Cancellation and withdrawal fees. Some firms charge one fee if you call the case off before filing and a higher fee if the complaint has already gone in.
If an attorney will not put the fee arrangement in writing before starting work, find a different attorney.
Why the Timeline Matters to the Bill
Every additional week of litigation means more attorney hours billed, so the timeline directly shapes your cost.
An uncontested eviction can wrap up in roughly three to four weeks from the date the notice is served. After the complaint is filed and served, the tenant has five business days to respond. If no response comes, the landlord requests a default judgment and then the writ of possession, and the Sheriff posts a 24-hour notice before executing it.
A contested case stretches to six to eight weeks at minimum and can run considerably longer if the tenant raises complex defenses or files a counterclaim. Discovery, depositions, and motion practice all add time. For a landlord paying $300 or more per hour, the gap between a three-week default and a two-month contested fight is measured in thousands of dollars.
The Cost of Skipping the Court Process
Some landlords look at these numbers and decide to handle things themselves by changing the locks, shutting off utilities, or hauling the tenant’s belongings to the curb. In Florida this is illegal and far more expensive than hiring an attorney.
Florida Statute 83.67 prohibits landlords from interrupting utility service, blocking tenant access by changing locks, or removing doors, walls, or windows outside of maintenance. A landlord who violates the statute owes the tenant actual and consequential damages or three months’ rent, whichever is greater, plus the tenant’s court costs and attorney fees.5Justia Law. Florida Code Chapter 83 – Landlord and Tenant – Section: 83.67 Prohibited Practices A self-help eviction on a $2,000-per-month unit means at least $6,000 in automatic liability before the tenant’s lawyer starts calculating anything else.
Can You Deduct Eviction Legal Costs?
Landlords who report rental income can generally deduct eviction-related attorney fees and court costs as an operating expense on Schedule E. Legal fees paid to recover possession or collect unpaid rent are treated as ordinary expenses of running a rental business, and the same goes for filing fees and service of process charges. The deduction does not make eviction cheap, but it lowers the after-tax cost. Keep detailed records and receipts, because the IRS expects you to substantiate rental deductions if it asks.