Last updated: August 4, 2026
Florida Eviction Process 2026: Timeline + Costs ($1K-$5K)
Florida is one of the fastest states for evictions. Uncontested cases can complete in roughly 30 days from notice to writ of possession. The 3-day notice for nonpayment excludes weekends and legal holidays. Tenants can pay rent into the court registry to contest while staying current. Total cost ranges from $1,000 to $5,000 depending on whether the tenant fights back.
Key Takeaways
- 3-day notice for nonpayment of rent (excludes weekends and legal holidays)
- 7-day notice to cure for lease violations; 7-day unconditional quit for repeated/irreparable violations
- 15-day notice to terminate a month-to-month tenancy
- Uncontested timeline: ~30 days. Contested: 60–90 days
- Total cost: $1,000–$5,000 (filing fees, service, attorney)
- Unique: tenant can pay rent into court registry and contest eviction simultaneously
Step-by-Step Eviction Process
Serve the appropriate notice
Deliver the correct notice (3-day, 7-day, or 15-day) to the tenant. Service can be by personal delivery, leaving at the residence with a person of suitable age, or posting on the door and mailing a copy (§83.56(4)).
Wait for notice period to expire
The tenant has the full notice period to pay, cure the violation, or vacate. For the 3-day notice, weekends and legal holidays are excluded from the count. Do not file before the period expires.
File eviction complaint in county court
File the complaint for eviction (also called “complaint for removal of tenant”) in the county court where the property is located. Attach a copy of the lease and proof of notice service. Filing fee is typically $185–$400 depending on the county.
Tenant is served with summons
The clerk issues a summons giving the tenant 5 business days (excluding weekends and holidays) to respond. The tenant must file a written answer with the court. If no answer is filed, you can move for default judgment.
Court hearing or default judgment
If the tenant does not respond, request a default final judgment. If the tenant answers, the court schedules a hearing (typically 15–30 days out). At the hearing, both sides present evidence.
Writ of possession & sheriff removal
If the court rules in your favor, the clerk issues a writ of possession. The sheriff posts a 24-hour notice on the tenant’s door. After 24 hours, the sheriff can physically remove the tenant and their belongings. You may NOT change locks or remove belongings yourself — only the sheriff can execute the writ.
Notice Types
Nonpayment
3-Day Notice to Pay or Vacate
Used when the tenant has not paid rent. The 3 days are business days only — weekends and legal holidays are excluded from the count. The notice must state the specific amount owed. If the tenant pays the full amount within the 3-day period, the landlord must accept it and the eviction stops. Statute: §83.56(3)
Curable Violation
7-Day Notice to Cure
Used for lease violations that the tenant can fix — unauthorized pets, noise violations, unapproved occupants, etc. The notice must describe the specific violation and give the tenant 7 days to correct it. If the tenant cures the violation within 7 days, the landlord cannot proceed with eviction. Statute: §83.56(2)(b)
Irreparable / Repeated
7-Day Unconditional Quit
Used when the tenant has committed the same violation within the preceding 12 months after receiving a prior 7-day notice, or when the violation is so serious it cannot be cured (destruction of property, illegal activity). The tenant has no option to cure — they must vacate within 7 days. Statute: §83.56(2)(a)
No-Cause Termination
15-Day Notice to Terminate (Month-to-Month)
Used to terminate a month-to-month tenancy without cause. Must be delivered at least 15 days before the end of the current rental period. No reason is required. Fixed-term leases cannot be terminated early without cause. Statute: §83.57(3)
LeaseBase generates compliant eviction notices and tracks every deadline.
Try Free →County Court Process
All eviction cases in Florida are filed in county court (not circuit court). The process is streamlined and designed for speed.
Tenant Pays Into Court Registry
Florida has a unique provision: when a tenant contests an eviction for nonpayment, they can deposit the disputed rent into the court registry (§83.60(2)). This allows the tenant to remain in the unit while the case is pending. If the tenant fails to deposit rent into the registry, the court can enter a default judgment for the landlord.
Important: The tenant must deposit rent into the registry within 5 days of the date the answer is due. If they fail to do so, the landlord can motion for immediate default — even if the tenant filed an answer.
Self-Help Eviction Is Illegal
Florida §83.67 prohibits landlords from engaging in self-help eviction. You may not:
- Change locks or remove doors/windows
- Shut off utilities (water, electric, gas)
- Remove the tenant’s personal property
- Block access to the unit
Violation of §83.67 entitles the tenant to recover actual and consequential damages or 3 months’ rent, whichever is greater, plus attorney fees and costs.
Eviction Costs
| Expense | Typical Cost | Notes |
|---|---|---|
| Court filing fee | $185–$400 | Varies by county |
| Process server / sheriff service | $30–$75 | Per attempt |
| Writ of possession | $70–$115 | Clerk + sheriff fees |
| Attorney fees (uncontested) | $500–$1,500 | Flat fee common |
| Attorney fees (contested) | $1,500–$4,000+ | Hourly billing typical |
| Total (uncontested) | $1,000–$2,000 | ~30 days |
| Total (contested) | $2,500–$5,000+ | 60–90 days |
Costs are estimates based on 2026 rates across major Florida counties. Actual costs vary by county, attorney, and case complexity. If the lease has a reciprocal attorney’s fees clause, the prevailing party may recover fees.
Timeline
| Phase | Uncontested | Contested |
|---|---|---|
| Notice period | 3–15 days | 3–15 days |
| Filing + service | 3–5 days | 3–5 days |
| Tenant response window | 5 business days | 5 business days |
| Default motion / hearing | 5–10 days | 15–45 days |
| Writ of possession | 24 hours | 24 hours |
| Total | ~25–35 days | ~60–90 days |
Common Mistakes
Counting weekends in the 3-day notice
The 3-day notice for nonpayment excludes weekends and legal holidays. If you serve on a Thursday, Friday is day 1, Monday is day 2, Tuesday is day 3. Counting weekends can invalidate the notice.
Accepting partial rent after serving notice
Accepting any rent payment after serving a 3-day notice can waive the notice and reset the process. If the tenant offers partial payment, do not accept it unless you are willing to restart.
Self-help eviction (changing locks, shutting off utilities)
Illegal under §83.67. The tenant can sue for 3 months’ rent or actual damages (whichever is greater) plus attorney fees. Always use the court process.
Wrong notice type or insufficient detail
Using a 7-day notice for nonpayment (should be 3-day) or failing to specify the exact amount owed or the specific violation will get the case dismissed. Use the correct template every time.
Filing before the notice period expires
You must wait until the full notice period has expired before filing the eviction complaint. Filing early will result in dismissal and you’ll have to start over with a new notice.
Frequently Asked Questions
Can a tenant stop an eviction by paying the rent owed?
Yes, but only during the 3-day notice period. If the tenant pays the full amount owed (including any late fees specified in the lease) within the 3 business days, the landlord must accept the payment and the eviction stops. Once the notice period has expired and the complaint is filed, the landlord is not required to accept payment.
How long does a Florida eviction take from start to finish?
Uncontested evictions typically take 25–35 days from the date the notice is served. If the tenant contests the eviction, the timeline extends to 60–90 days depending on court scheduling and whether the tenant deposits rent into the court registry. Complex cases with counterclaims can take longer.
Can I evict a tenant without a lawyer in Florida?
Yes, individual landlords can represent themselves (pro se) in county court eviction cases. However, if you own the property through an LLC or corporation, Florida law generally requires the entity to be represented by an attorney. Even for individual landlords, an attorney is recommended for contested cases to avoid procedural errors that could result in dismissal.
Written by Rachid Abadli
Sacramento-based landlord and founder of LeaseBase
This guide is based on Florida Statutes Chapter 83, Part II (§§83.40–83.683), Florida Rules of Civil Procedure, and county court eviction procedures. Last verified against the Florida Legislature database on August 4, 2026.
Florida Eviction Resources
FL Eviction Notice Templates
Free 3-day, 7-day, and 15-day notice templates with copy buttons.
Get templates →FL Landlord-Tenant Laws
Complete guide to Florida landlord-tenant law, deposits, disclosures, and repairs.
Read the guide →FL Security Deposit Laws
Return rules, holding requirements, 15/30-day timeline, and penalties.
Read the guide →Florida Landlord-Tenant FAQ
20 answers covering rent, deposits, eviction, repairs, and tenant rights.
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This guide is for informational purposes only and does not constitute legal advice. Eviction procedures, timelines, and costs vary by county and change periodically. Consult a qualified Florida real estate attorney for guidance on your specific situation.