How Long Does It Take to Evict Someone in Florida

Step 1: Serving the Notice to Vacate in Florida

The eviction process begins with serving a notice to vacate in Florida, a critical step that sets the timeline in motion. Florida law requires landlords to provide tenants with written notice before filing for eviction, and the type of notice depends on the reason for eviction. Here are the most common notices:

• 3-Day Notice for Non-Payment of Rent: If a tenant is not paying rent in Florida, you must serve a Florida 3-day eviction notice, giving them three days (excluding weekends and holidays) to pay the overdue rent or vacate the property. This notice must comply with Florida Statutes § 83.56(3).
• 7-Day Notice for Lease Violations: For curable lease violations, such as unauthorized pets or minor property damage, tenants receive seven days to correct the issue or leave.
• 7-Day Notice for Uncurable Violations: For severe violations, like illegal activity, landlords can issue a 7-day notice to vacate with no opportunity to cure.
• 15-Day Notice to Terminate Month-to-Month Tenancy: For month-to-month tenancies, landlords must provide 15 days’ notice to end the lease without cause.

The timeline for this step is relatively short, but it’s critical to ensure the notice is properly drafted and delivered. Mistakes in the notice, such as incorrect dates or vague language, can delay the process or lead to a dismissal in court. We know how frustrating it can be to deal with these technicalities, especially when you’re already stressed about your property.

Step 2: Filing the Eviction Lawsuit

If the tenant doesn’t comply with the notice to vacate, the next step in the court eviction process in Florida is filing a formal eviction lawsuit, also known as an “unlawful detainer” action. This step typically occurs 3–15 days after serving the notice, depending on the type of notice issued. You’ll need to file a complaint with the county court where the property is located, such as in Hillsborough County for a property in Tampa or Pinellas County for one in Clearwater.

The filing process involves submitting the complaint, a copy of the lease, the notice to vacate, and any other relevant documentation. The court will issue a summons, which must be served to the tenant, giving them five business days to respond. If the tenant doesn’t respond, you can request a default judgment, which can speed up the process. However, if the tenant contests the eviction, the timeline may extend due to a court hearing.

According to the Florida Bar, the average time from filing to a court hearing is about 2–4 weeks, though this can vary based on the eviction court schedule in Florida and the county’s caseload (Florida Bar, 2023). For example, courts in busy areas like Tampa may have longer wait times than those in smaller cities like Venice.

Step 3: The Court Hearing and Judgment

Once the tenant responds or the five-day response period lapses, the court eviction process in Florida moves to a hearing. During the hearing, both parties present their case, including evidence like the lease agreement, payment records, or proof of lease violations. The judge will decide whether to grant the eviction based on legal reasons to evict in Florida, such as non-payment of rent, lease violations, or expiration of the lease term.

If the judge rules in your favor, they will issue a final judgment for possession, typically within 1–2 days of the hearing. However, if the tenant raises a valid defense, such as claiming the property is uninhabitable, the process could be delayed for further investigation. We understand how disheartening it can be to face delays, but staying organized and prepared can help you move forward confidently.

Step 4: What Happens After the Eviction Notice in Florida

After the court grants the eviction, the tenant typically has 24–48 hours to vacate the property voluntarily. If they refuse to leave, the landlord can request a Writ of Possession from the court. This document authorizes the county sheriff to physically remove the tenant in Florida, usually within 3–7 days of the writ being issued.

The sheriff will post a notice on the property, giving the tenant a final 24-hour warning before removal. The entire process, from serving the initial notice to the sheriff’s removal, can take anywhere from 15 to 60 days, depending on whether the tenant contests the eviction or delays the process.

Common Challenges and How to Overcome Them

Evicting a tenant is rarely straightforward, and unexpected hurdles can arise. Here are some common challenges and solutions to help you stay on track:

• Tenant Contests the Eviction: If the tenant disputes the eviction, the process can extend to 6–8 weeks due to additional hearings or mediation. Hiring an experienced attorney can help you present a strong case.
• Incorrect Notice Delivery: Serving the notice improperly can lead to dismissal. Ensure you follow Florida’s delivery requirements, such as posting the notice on the property or using certified mail.
• Court Delays: Busy court schedules, especially in cities like Sarasota or Lakeland, can slow the process. Filing promptly and staying in communication with the court clerk can help you stay informed about hearing dates.
• Emotional Stress: Dealing with a tenant not paying rent in Florida or refusing to leave can take an emotional toll. Lean on professional support, such as legal counsel or property management experts, to ease the burden.

We know how challenging it can be to face these obstacles, especially when you’re trying to protect your investment. If the eviction process feels overwhelming or you’re considering alternatives, companies like Florida Offer can provide a cash offer on house properties, allowing you to sell your house fast and move on without the stress of tenant disputes.

Legal Reasons to Evict in Florida

To evict a tenant, you must have a valid legal reason under Florida law. The most common legal reasons to evict in Florida include:

• Non-Payment of Rent: The tenant fails to pay rent within the timeframe specified in the 3-day notice.
• Lease Violations: The tenant violates terms of the lease, such as causing property damage, keeping unauthorized pets, or engaging in illegal activities.
• Expiration of Lease: The lease term has ended, and the tenant refuses to vacate.
• Holdover Tenancy: The tenant remains on the property after a month-to-month tenancy has been terminated with proper notice.

Florida law is designed to protect both landlords and tenants, so it’s essential to follow the legal process precisely. For example, landlords cannot resort to “self-help” evictions, such as changing locks or shutting off utilities, as these actions are illegal and can result in penalties (Florida Statutes § 83.67, 2023).

Alternatives to Eviction: Exploring Your Options

Sometimes, eviction isn’t the best or only solution. If you’re struggling with a difficult tenant or want to avoid the court process altogether, consider these alternatives:

• Negotiate with the Tenant: Offer a mutual agreement, such as forgiving back rent in exchange for the tenant vacating by a specific date.
• Cash for Keys: Offer the tenant a small payment to leave voluntarily, which can be faster and less costly than a full eviction.
• Sell the Property: If managing tenants has become too stressful, you might consider working with a cash buyer for homes to sell house as is. Companies like Florida Offer specialize in buying houses for cash, allowing you to sell without dealing with repairs or tenant issues.

We understand that evictions can feel like a last resort, and exploring alternatives can provide relief and a fresh start. Whether you’re in Apollo Beach or Largo, our team at Florida Offer has helped landlords sell their house fast to avoid prolonged tenant disputes, offering a compassionate and efficient solution.

Empowering Yourself Through the Process

Navigating the eviction process in Florida requires patience, organization, and a clear understanding of the law. By following the proper steps—serving the correct notice, filing with the court, and preparing for a hearing—you can regain control of your property while staying compliant. The timeline may vary, but with preparation, you can minimize delays and stress.

If the process feels daunting or you’re considering moving on from property management, Florida Offer is here to help. We specialize in home investors solutions, offering cash for my home to landlords who want a hassle-free way to sell my house for fast cash. Our team is committed to supporting you through every step, whether you’re evicting a tenant or exploring a sale.

This article provides a comprehensive guide to the eviction process in Florida, addressing your concerns with empathy and actionable advice. By understanding the timeline, legal requirements, and alternatives, you can approach the situation with confidence and clarity. Whether you’re facing a tenant not paying rent in Florida or exploring options to sell my home for cash, you have the tools to make informed decisions and move forward.

This article is based on expert real estate experience and is intended to provide general guidance on the eviction process in Florida. For specific financial or legal advice, we recommend consulting with a licensed professional, such as a CPA, attorney, or government official, to ensure your actions align with your unique circumstances.