How Long Does it Take to Evict a Tenant in Florida

The answer to this question generally depends on a few factors.

Default in Payment of Rent

First, pursuant to Fla. Stat. Sec. 83.20(2) prescribes that 3 days’ written notice must be made requiring the payment of the rent or the possession of the property, that is delivered to the tenant or where a copy of the written notice is left at the property.

Other Lease Agreement Default

Second, pursuant to Fla. Stat. Sec. 83.20(3), prescribed 15 days’ written notice requiring the cure of such breach or the possession of the premises has been served on the tenant.

Where to File Eviction Action

Pursuant to Fla. Stat. Sec. 83.21, The landlord or landlord’s attorney, applying for the removal of any tenant, shall file a complaint stating the facts which authorize the removal of the tenant, and describing the premises in the proper court of the county where the premises are situated.

Tenant’s Time to Respond

Tenants in Florida have 5 business days, from the date that they receive service of a summons and complaint for eviction to file an answer if they intend to contest an eviction case. For eviction cases based on nonpayment, the tenant must deposit rent into the court registry to contest the case or request a motion to determine rent and pay the amount determined at the hearing into the court registry as rent comes due during the pendency of the eviction action.

Order of Removal

Pursuant to Fla. Stat. Sec. 83.231, if the issues are found for plaintiff, judgment shall be entered that plaintiff recover possession of the premises. If the plaintiff expressly and specifically sought money damages in the complaint, in addition to awarding possession of the premises to the plaintiff, the court shall also direct, in an amount which is within its jurisdictional limitations, the entry of a money judgment in favor of the plaintiff and against the defendant for the amount of money found due, owing, and unpaid by the defendant, with costs. Where otherwise authorized by law, the plaintiff in the judgment for possession and money damages may also be awarded attorney’s fees and costs.

Removal of Tenant

Pursuant to Fla. Stat. Sec. 83.241, After entry of judgment in favor of plaintiff the clerk shall issue a writ to the sheriff describing the premises and commanding the sheriff to put plaintiff in possession.

Pursuant to Fla. Stat. Sec. 83.62(1), In an action for possession, after entry of judgment in favor of the landlord, the clerk shall issue a writ to the sheriff describing the premises and commanding the sheriff to put the landlord in possession after 24 hours’ notice conspicuously posted on the premises. Saturdays, Sundays, and legal holidays do not stay the 24-hour notice period.

Time Frame depending on delays is usually between 2-8 weeks depending on whether the eviction is contested and whether there are any other delays involved such as court delays, appeals, tenant bankruptcy, etc.

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