How long does an eviction take in Florida, and what happens at each step?
A Florida eviction for unpaid rent moves fast because the law gives it a summary procedure. After the 3-day notice runs out, you file in county court, the tenant has 5 days (not counting weekends and court holidays) to answer and pay the claimed rent into the court registry, and once you win, the sheriff posts a 24-hour notice before putting you back in possession. An uncontested case can finish in a few weeks; a contested one takes longer.
The steps in order
| Step | What happens | Time the law sets | Statute |
|---|---|---|---|
| 1. Notice | Written demand for the rent or possession | 3 days, excluding Saturday, Sunday and court holidays | 83.56(3) |
| 2. Complaint | File in the county court where the unit is | After the notice expires | 83.59(2) |
| 3. Answer | Tenant files any defense | 5 days after service of process | 51.011(1) |
| 4. Registry | Tenant raising any defense other than payment deposits the rent | 5 days, excluding weekends and holidays, after service | 83.60(2) |
| 5. Judgment | Default or after a hearing; the court also enters a money judgment for rent due when service allows | Court schedule | 83.59, 83.625 |
| 6. Writ | Sheriff posts notice, then puts you in possession | 24 hours; weekends and holidays do not stop the clock | 83.62(1) |
Sources: Florida Statutes 83.56, 83.59, 83.60, 83.62, 83.625 and 51.011. The notice itself is covered in the pay or quit notice; this page is about what comes after it.
Filing the complaint
Section 83.59 says the landlord, the landlord's attorney or the landlord's agent files a complaint in the county court for the county where the unit sits, describing the unit and the facts that give the right to possession. An agent who is not an attorney may file the complaint but may take no other step in the case. The landlord gets the summary procedure of section 51.011, and the court must move the case up its calendar.
If your properties are owned by LLCs, ask your attorney who may sign and appear for the LLC in your county before you file. Keep with the file: the lease, the ledger for the unit, the 3-day notice, and proof of how and when it was delivered.
The registry rule, the step that decides most cases
Under section 83.60(2), a tenant who raises any defense other than payment, including a claim that the 3-day notice was defective, must pay into the court registry the rent alleged in the complaint, and keep paying rent into the registry as it comes due during the case. If the tenant neither deposits the rent nor files a motion to determine the amount within 5 days, excluding weekends and holidays, after service, the tenant waives every defense except payment, and the landlord is entitled to an immediate default judgment and a writ of possession without a hearing.
Two details matter. A tenant who receives a rent subsidy deposits only their own portion of the rent. And the landlord must be given a chance to fix a defect in the notice or the pleadings before a case is dismissed, under section 83.60(1)(a).
A worked timeline
Example a made-up tenant owes $1,650 due Tuesday, December 1, 2026. The owner delivers a 3-day notice on Wednesday, December 2. Thursday the 3rd, Friday the 4th and Monday the 7th are the three days, so the notice runs out at the end of Monday, December 7. The owner files on Tuesday, December 8, and the tenant is served on Thursday, December 10. The 5 days are Friday the 11th and Monday the 14th through Thursday the 17th. The tenant deposits nothing, so the owner moves for a default. If the judgment is entered Monday, December 21 and the sheriff posts the 24-hour notice on Tuesday, December 22, the owner can be back in possession on Wednesday, December 23: three weeks from the due date. Court and sheriff schedules vary, so treat this as the fastest case, not a promise.
After the writ: the tenant's belongings
Section 83.62(2) lets the landlord or the landlord's agent, when the sheriff executes the writ or any time after, remove personal property found in the unit to or near the property line. You may ask the sheriff to stand by while you change the locks and remove the property, at an hourly rate the sheriff sets. Neither the sheriff nor the landlord is liable for loss of or damage to the property after it is removed.
Until the writ, you may not do any of this yourself. Changing locks, cutting utilities or removing belongings without the court process is barred by section 83.67, as explained in the holdover tenant guide.
What slows a Florida eviction down
- A partial payment after the notice. Section 83.56(5) lets you accept it without waiving the case only if you give a receipt with the balance and due date, put the money in the registry when you file, or serve a new 3-day notice for the new amount.
- A tenant who deposits the rent and asks for a hearing. The case then waits for a hearing date.
- A money claim without personal service. Section 83.625 allows a money judgment only when service of process meets its rules, so a posted summons may get you possession but not the rent judgment.
- An appeal. Section 51.011 allows 30 days to file one.
Where DoorKeeping helps
A Florida case rests on a clean ledger and dated notices. In DoorKeeping, each property keeps its own books, every rent payment arrives in your own bank with a memo like 12B SMITH and its own exact amount, and bank feeds match it to the unit, so the amount in your complaint matches your records. Notices and court steps wait for your one-tap approval, and documents stay with the property. DoorKeeping does not file cases or give legal advice; use a Florida attorney for the court part.
Sources
- Florida Statutes 83.56, Termination of rental agreement, read Oct 30, 2026
- Florida Statutes 83.59, Right of action for possession, read Oct 30, 2026
- Florida Statutes 83.60, Defenses to action for rent or possession; procedure, read Oct 30, 2026
- Florida Statutes 83.62, Restoration of possession to landlord, read Oct 30, 2026
- Florida Statutes 83.625, Power to award possession and enter money judgment, read Oct 30, 2026
- Florida Statutes 51.011, Summary procedure, read Oct 30, 2026
Questions
- How many days does a Florida tenant have to answer an eviction?
- Five days after service under the summary procedure in section 51.011. To raise a defense other than payment, the tenant must also deposit the claimed rent into the court registry within 5 days, not counting weekends and court holidays.
- How much notice does the sheriff give in Florida?
- Twenty-four hours, posted on the unit. Saturdays, Sundays and legal holidays do not pause it, under section 83.62(1).
- Can a property manager file a Florida eviction?
- A landlord's agent may file the initial complaint, but only an attorney may take any further step for the landlord, under section 83.59(2).