Florida eviction timeline: notice to writ of possession.
A non-payment eviction in Florida has seven distinct procedural stages. Each stage has a statutory window you cannot compress — but you can avoid the delays that procedural errors cause. Here is what the calendar looks like, stage by stage and county by county.
Summary
Definition: In Florida, the minimum non-payment eviction timeline is 21 days from service of the 3-day notice to sheriff lockout, assuming the tenant does not contest. The 3-day notice excludes weekends and Florida legal holidays (FL Stat. §83.56(3)). Contested cases — where the tenant files a response and deposits rent into the court registry — typically run 60–120 days.
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Procedural stages
Seven stages from notice to possession.
3-day notice to pay or vacate
3 days minimumThe landlord serves a written notice giving the tenant 3 days to pay the outstanding rent or vacate. The 3-day window excludes Saturdays, Sundays, and Florida legal holidays. The notice must state the exact rent amount due and be served by one of the methods in FL Stat. §83.56(1): personal delivery, left with a conspicuous person at the premises, or posted on the door and mailed first class.
FL Stat. §83.56(3)
File complaint for eviction
1 business day to fileIf the tenant neither pays in full nor vacates by the end of the notice period, the landlord files a Complaint for Eviction (forcible entry and unlawful detainer) in the county court. The court clerk issues a summons. Filing one day before the notice expires results in immediate dismissal — wait until the morning after the notice period ends.
FL Stat. §83.59
Service of process
1–3 business daysThe summons and complaint are served on the tenant by the sheriff or a licensed process server. Service must be personal or, if the tenant cannot be located, by posting and mailing. Improper service is one of the most common grounds for dismissal — verify the method against FL Stat. §48.183 before filing.
FL Stat. §48.183
Tenant response window
5 business daysUnder Florida's summary eviction procedure, the tenant has 5 business days after service to file a written response. If the tenant's defense rests on a habitability claim, the tenant must simultaneously deposit the disputed rent into the court registry. Failure to deposit is treated as if no response was filed, and the landlord can move for default.
FL Stat. §51.011
Default or contested hearing
1–21 daysIf the tenant does not respond within 5 days: the landlord files a motion for default, and the court may enter judgment the same day or within a few days. If the tenant responds: the court schedules a hearing, typically 7–21 days out depending on county docket congestion. Contested hearings can be rescheduled if either party requests a continuance.
FL Stat. §51.011
Writ of possession
1–3 days after judgmentAfter the judge enters judgment for the landlord, the clerk issues a Writ of Possession. The writ directs the sheriff to give the tenant 24 hours notice to vacate voluntarily. If the tenant complies, the landlord retakes possession. If the tenant does not vacate, the sheriff returns on the scheduled date to remove the occupants.
FL Stat. §83.625
Sheriff lockout
3–10 business days after writThe sheriff schedules the physical lockout after serving the writ. Scheduling windows vary by county: Miami-Dade typically executes within 5 business days; Broward and Hillsborough can run 7–10. The landlord must be present at the lockout. Property left behind is governed by FL Stat. §83.67 (abandoned property rules).
FL Stat. §83.625; §83.67
County variations
Typical total timeline by Florida county.
Florida law sets uniform notice windows statewide. The total timeline varies because docket congestion, e-filing availability, and sheriff scheduling differ from courthouse to courthouse.
| County | Court | Uncontested | Contested | Notes |
|---|---|---|---|---|
| Miami-Dade | Miami-Dade County Court (Civil Division) | 21–35 days | 60–90 days | E-filing accepted; fastest processing in Florida; backlog in busy season |
| Broward | Broward County Court (Civil Division) | 30–50 days | 75–120 days | Higher docket volume; longer hearing wait times |
| Orange (Orlando) | Orange County Court (Civil Division) | 25–40 days | 60–100 days | Paper filing still common in some divisions; moderate pace |
| Hillsborough (Tampa) | Hillsborough County Court (Civil Division) | 25–40 days | 60–90 days | E-filing available; moderate docket; active eviction volume |
Timelines are estimates based on current docket conditions and do not guarantee specific court scheduling. Verify current processing times with Florida eviction counsel before relying on these windows.
Avoiding delays
Four mistakes that restart the clock.
Courts dismiss eviction cases on procedural defects. Each dismissal means starting over with a new notice — adding weeks or months to the already-extended timeline and additional court fees on the refiled case.
Miscounting the 3-day notice
The day the notice is served is not counted as day one. Day 1 begins the following calendar day. Weekends and Florida legal holidays are excluded in full. A notice served Friday before a Monday legal holiday doesn't expire until Wednesday — not Tuesday. Landlords who count wrong routinely face dismissal on the first filing.
Accepting partial rent after notice
If the tenant offers and the landlord accepts any partial payment after serving the 3-day notice, the notice is voided under Florida law. Even depositing a check and then returning it can create a factual dispute. You must serve a new notice and restart the process from day one.
Filing before the notice expires
Filing the complaint even one calendar day before the notice period ends results in dismissal. Wait until the morning of the first business day after the notice expires before going to the clerk's office or submitting an e-filing. Courts check the notice date on every filing.
Wrong notice type for the situation
A 3-day notice applies only to non-payment of rent. Lease violations require a 7-day notice to cure. Month-to-month holdover tenancies may require 7 or 15 days depending on the lease. Using the wrong notice for the grounds means starting over — and the tenant's attorney will catch it.
FAQ
Florida eviction timeline — common questions.
What is the minimum time to evict a tenant in Florida?
The absolute minimum is approximately 21 days from service of the 3-day notice to the sheriff's lockout — assuming the tenant does not respond and every step moves at its fastest pace. In practice, most uncontested non-payment evictions in Florida take 25–35 days from notice to possession.
How long does a contested eviction take in Florida?
When a tenant files a written response and deposits rent into the court registry, the case moves to a contested hearing. In Florida's major counties, contested evictions typically resolve in 60–120 days from notice to judgment. If the tenant appeals or additional hearings are needed, the timeline extends further.
Does the Florida 3-day notice exclude weekends?
Yes. Under FL Stat. §83.56(3), the 3-day notice period excludes Saturdays, Sundays, and Florida legal holidays. If you serve the notice on a Wednesday before a Thursday legal holiday, the 3 days may not expire until the following Tuesday. Landlords who miscalculate this window frequently have their eviction dismissed on the first filing.
How long after the judge rules does the sheriff execute the lockout?
After a judgment for the landlord, the clerk typically issues the Writ of Possession within 1–3 business days. The sheriff then schedules the lockout, which takes 3–10 business days depending on the county. Expect 5–7 business days in Miami-Dade; 7–10 in Broward. The tenant receives 24-hour notice before the lockout date.
Can I speed up the Florida eviction timeline?
The statutory minimums are fixed — courts cannot waive the notice periods or the tenant's 5-day response window. What you can control: serve the notice correctly the first time (avoiding restarts), file the complaint the morning the notice expires, and use e-filing where available to eliminate processing delays. Working with experienced eviction counsel reduces the risk of procedural errors that reset the timeline to day one.
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Start the intakeLast reviewed: 2026-08-17. Statutory windows change each FL legislative session — consult a Florida-licensed attorney before relying on any specific timeline for action.