Owner Guide · Reviewed August 2026

The Florida Eviction Process, Step by Step

The short answer. A clean, uncontested Florida eviction takes several weeks from filing to possession. Plan on 3 to 5 weeks in Orange County. Court and sheriff fees run about $325. An attorney commonly adds $300 to $1,000 for an uncontested case. Anyone promising a 9-day eviction is quoting legal minimums that ignore how courts and sheriffs actually work.

This guide covers Chapter 83 of the Florida Statutes as of August 2026, with the statute behind every claim. It is legal information, not legal advice. Have a Florida landlord attorney review your notices and filings. One defective notice can restart the entire case.

Which notice, for which problem

Every eviction starts with the right notice. The wrong one, or the right one written wrong, hands the tenant a defense.

Situation	Notice	What it means	Statute
Tenant has not paid rent	3-day notice	Pay the rent demanded or move out. Weekends and court-observed holidays do not count toward the 3 days.	§83.56(3)
Fixable lease violation (unauthorized pet, guest, vehicle, dirty premises)	7-day notice to cure	Fix the problem within 7 days or the lease can be terminated. Calendar days: the statute does not exclude weekends here.	§83.56(2)(b)
Same or similar violation repeats within 12 months of a warning	Termination without another cure	After the statutory warning, a recurring violation can support ending the lease with no second chance to fix it.	§83.56(2)(b)
Serious violation (intentional destruction of property, continued unreasonable disturbance)	7-day notice to vacate	The lease is terminated. The tenant has 7 days to leave. There is no right to cure.	§83.56(2)(a)
Ending a month-to-month tenancy	30 days	At least 30 days before the end of the monthly period. Older county handouts still say 15 days. That changed July 1, 2023.	§83.57(3)
Ending a week-to-week tenancy	7 days	Notice before the end of the weekly period.	§83.57(4)
Fixed-term lease requiring nonrenewal notice	30 to 60 days	If the lease makes the tenant give notice, the landlord owes the same notice back. The period must be 30 to 60 days.	§83.575(1)

There are two completely different 7-day notices

The 7-day notice to cure says fix the problem within 7 days or the lease will end. The 7-day noncurable notice ends the lease and gives 7 days to leave, with no right to fix anything. Sending the cure version for a noncurable violation, or the reverse, is one of the most common landlord mistakes in Florida eviction cases.

The six stages, from notice to keys

For nonpayment, the sequence looks like this. For a lease violation, swap the first step for the correct 7-day notice.

The notice runs out

Serve the correct notice and let it fully run. That is 3 days for nonpayment, not counting weekends and holidays. The two 7-day notices run 7 calendar days. A defective notice can sink the whole case. That is why this step deserves an attorney’s eyes.

File the eviction complaint

If the tenant stays, the landlord files for possession in county court where the property sits (§83.59). Eviction cases get Florida’s summary procedure. They move ahead of routine cases on the calendar. What a landlord may not do: change the locks, cut utilities, or retake the home without the court.

The tenant is served

The sheriff or a process server delivers the summons. If personal service fails after at least two attempts made at least 6 hours apart, the summons can be posted on the property and mailed by the clerk (§48.183). Service in practice often takes days, not hours.

The tenant’s 5-day deadline

A tenant who wants to fight on any ground other than payment must act within 5 days of being served, weekends and holidays excluded (§83.60(2)). They generally must deposit the disputed rent into the court registry, or file a motion to set the amount. Miss that deadline, and the landlord is entitled to an immediate default judgment for possession.

Default or hearing

No proper response and no registry deposit usually means a default judgment. A properly contested case goes to a hearing. The statute promises summary treatment, not a fixed number of days, so contested cases take as long as they take.

Writ of possession, then the 24 hours

After judgment, the clerk issues a writ of possession to the sheriff (§83.62). The sheriff posts a 24-hour notice on the home. That clock runs through weekends and holidays. But the deputy then schedules the actual turnover with the landlord. Plan on days from judgment to keys, not 24 literal hours.

3 days and 5 days are different clocks

The 3 days belong to the landlord’s nonpayment notice, before any lawsuit exists. The 5 days belong to the tenant, after the lawsuit is served, to deposit rent into the court registry or respond. Adding them together and calling it an 8-day eviction is how bad internet math gets made.

What it really costs, and how long it really takes

Current published figures for a one-defendant, possession-only case in Orange, Seminole, and Osceola counties. Verify the clerk’s fee schedule when filing, because fees change.

Court and sheriff, about $325

Roughly $185 to file · $10 per summons · about $40 per defendant for sheriff service · about $90 for the writ of possession. Then add the attorney. Published Central Florida flat fees commonly run $300 to $1,000 for an uncontested case. Contested cases cost far more.

Time, in the real world

Orange County: about 3 to 5 weeks from filing to possession for a clean uncontested case. Seminole and Osceola: typically 3 to 6 weeks. Sheriff service alone often takes 7 to 10 business days. Contested cases, bad addresses, and defective notices add weeks.

Florida also shifts fees: under §83.48 the prevailing party can recover reasonable attorney fees and costs from the losing side. Winning that award and actually collecting it from an evicted tenant are, of course, two different things.

What changed recently, and what did not

Since July 1, 2023: ending a month-to-month tenancy takes 30 days of notice, not 15. Some county handouts still show the old 15-day rule. The statute controls, not the handout.
Since July 1, 2025: notices can be delivered by email, but only when both sides signed the statutory electronic-delivery addendum under §83.505. Properly sent, the notice counts as delivered when the email goes out, which can start the 3-day or 7-day clock a full mail-cycle earlier.
Still 3 days, not 5: a 2026 bill would have stretched the nonpayment notice to 5 days. It died in committee in March 2026. Pages claiming Florida is now a 5-day state are reporting a bill that never passed.
Coming October 1, 2026: fraudulent entry of a dwelling joins the noncurable violation list in §83.56(2)(a), with the standard 7 days to vacate and no requirement to wait on criminal charges.

The cheapest eviction is the one that never starts

Everything above is damage control. The real lever is screening. On every home Paul and his team manage, applicants clear credit, income, background, and rental history against written criteria before getting keys. That is why evictions are rare on our portfolio.

And when the rare one happens anyway, our eviction guarantee reimburses up to $750 in eviction legal expenses on qualifying plans, which covers most of an uncontested case's court and sheriff costs plus a typical flat attorney fee. Compare that against the numbers above, and against the weeks of lost rent an eviction usually rides in on.

Florida eviction questions, answered

How long does an eviction take in Florida?

Several weeks in most cases. For a clean, uncontested nonpayment case in Orange County, plan on about 3 to 5 weeks from filing to possession. Across Central Florida, figure 3 to 6 weeks. The statutory clocks are minimums, not the real duration. The case also needs filing, service by the sheriff, court processing, and writ scheduling. A contested case, a service problem, or a defective notice can add weeks or more.

How much does it cost to evict a tenant in Florida?

Court and sheriff costs run roughly $325 for a one-defendant case in Orange, Seminole, and Osceola counties. That breaks down as about $185 to file, $10 for the summons, about $40 for sheriff service, and about $90 for the writ of possession. An attorney commonly adds $300 to $1,000 for a straightforward uncontested case, based on published Central Florida flat fees. Contested cases cost far more. Fees change, so verify the clerk’s current schedule when filing.

My tenant is not paying rent. What is the first step?

A written 3-day notice under §83.56(3), demanding the rent or the keys. The 3 days exclude weekends and court-observed holidays. The wording has to follow the statute. Getting the notice right matters more than getting it out fast, because a defective notice forces the case to start over. On the properties Paul and his team manage, this is the point where landlord counsel steps in.

Can I just change the locks or shut off the power?

No. Florida law requires landlords to recover possession through the court (§83.59). The only exceptions are when the tenant surrenders or abandons the home. Lock changes, utility shutoffs, and removing doors are self-help evictions. They expose the landlord to liability, including statutory damages. However maddening the situation, the court process is the only safe path.

Do weekends count in eviction notice periods?

It depends on the clock. The 3-day nonpayment notice excludes Saturdays, Sundays, and legal holidays. The tenant’s 5-day court response deadline excludes them too. The statutory 7-day notices are written without that exclusion, and the sheriff’s 24-hour writ notice runs straight through weekends and holidays.

Can eviction notices be emailed in Florida?

Only under specific conditions, and only since July 1, 2025. Under §83.505, both sides must sign the electronic-delivery addendum, choose email delivery, and provide valid addresses. When those boxes are checked, a notice counts as delivered when sent, unless it bounces. Without the signed addendum, an emailed notice does not count.

What is the 5-day rule in a Florida eviction?

It is the tenant’s deadline after being served with the lawsuit, not a landlord notice. Under §83.60(2), a tenant contesting on grounds other than payment has 5 days from service, weekends and holidays excluded. In that window they generally must deposit the accrued rent into the court registry, or ask the court to set the amount. Failing that, the landlord is entitled to a default judgment for possession. People often confuse this with the 3-day notice. They are different clocks at different stages.

This page is general legal information about Florida law as of August 2026, not legal advice about your situation. For an actual eviction, use a Florida landlord attorney. Statutes cited are Chapter 83, Part II, Florida Statutes.

Wondering what management costs instead? See the 2026 fees guide or our published pricing.

Never want to learn this process firsthand?

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