Florida Eviction Process Timeline: Essential Steps for Renters
Facing an eviction can be stressful, but knowing the precise eviction process timeline in Florida can help you understand your rights and prepare your next steps. This guide outlines each stage in the Florida eviction process, the forms used, and what you should expect. All information here follows official Florida law, making it a trustworthy guide for renters.
What Is an Eviction in Florida?
Eviction is a legal process where your landlord asks you to move out of your rental home. They must follow strict Florida residential tenancy laws, using court-approved notices and official steps. You cannot be legally removed without a court order.
Step-by-Step Timeline of Evictions in Florida
Below is a breakdown of each phase, including forms, required notices, and estimated timing.
1. Notice from Landlord
- 3-Day Notice to Pay Rent or Vacate (Form: 3-Day Notice) – For nonpayment of rent, your landlord must give you a written notice giving you three business days (excluding weekends and holidays) to pay what's owed or move out.
See sample and requirements: Florida Courts Landlord/Tenant Forms. - 7-Day Notice to Cure or Vacate (Form: 7-Day Notice with Cure) – For most lease violations (such as unauthorized pets), you have seven days to fix the problem or leave.
- 7-Day Notice to Vacate (Form: 7-Day Unconditional Quit Notice) – For serious or repeated lease violations, your landlord can give you a notice to move out within 7 days, with no chance to cure.
These notices must be delivered in writing and state the specific reason for eviction. If you resolve the issue (like paying overdue rent) within the notice period, the process stops here.
2. Filing an Eviction Lawsuit (Complaint for Eviction)
- Complaint for Eviction (Form: Florida Supreme Court Approved Form 84), filed by the landlord at the county court after the notice period ends without resolution. You will receive a copy by summons.
- Official instructions: Florida Courts – Landlord/Tenant Self-Help
You typically have 5 days (excluding weekends and holidays) to file a response with the court using an Answer form and, for nonpayment, to deposit the disputed rent amount into the court registry. Not responding can result in default judgment against you.
3. Court Hearing and Judgment
- The court may schedule a hearing or review the case based on submitted paperwork. If you responded, you can explain your side in person.
- If the judge rules for the landlord, a Judgment for Possession is issued.
If you wish to contest, attend the hearing and bring any documentation (e.g., proof of payment or communication with landlord).
4. Final Notice and Forced Move-Out
- Writ of Possession: After a judgment, the landlord obtains this official court order from the county clerk. The sheriff posts a 24-hour notice on your door.
- After 24 hours, the sheriff can physically remove you and your belongings if you haven't left.
For more on eviction orders: Florida Clerks of Court Association – Eviction Overview
Florida’s Main Tenancy Law and Tribunal
- The governing law is the Florida Residential Landlord and Tenant Act (Chapter 83, Part II).
- Eviction cases are handled by each County Court in Florida.
At every stage, you maintain certain rights and should receive official documents. Notify the court if you have defenses such as improper notice, incorrect paperwork, or evidence the landlord did not follow procedure.
Relevant Official Forms at Each Stage
- 3-Day or 7-Day Notice: No statewide standardized form number, but must contain required statutory wording. Example notices provided by Florida Courts Self-Help.
- Complaint for Eviction (Form 84): Filed by landlord to start the court case. Get the form at Official Florida Courts Form 84. If you’re served, this means a case is open against you.
- Answer–Residential Eviction: Use this form to respond to the court within 5 days of being served. Download and instructions: Florida Courts Landlord/Tenant Self-Help. Complete and file it with the court clerk.
- Writ of Possession: Request filed by landlord after court judgment. The sheriff executes this, not the landlord.
These forms are official and must be used as described under Florida law. When you receive any, review details closely and record all dates.
FAQ: Florida Eviction Process and Tenant Rights
- How quickly can an eviction happen in Florida?
In a typical nonpayment case, an eviction can take as little as 2–3 weeks from initial notice to move-out, especially if deadlines are missed. However, each stage has minimum notice periods and court processing times. - Do I have to leave immediately after getting a 3-Day or 7-Day Notice?
No. You have the right to cure (fix the issue) or respond within the stated time. Only a sheriff with a court order can require you to leave. - What if I disagree with the eviction?
You must file an Answer with the court within the 5-day response window. Present your defenses and attend the hearing, if scheduled. - Can my landlord shut off utilities or lock me out during this process?
No. "Self-help" evictions, such as changing locks or utility shut-off, are illegal under Florida law (Section 83.67).
Need Help? Resources for Renters
- Florida Law Help – Tenants' Rights: Free legal information and referrals.
- Florida Courts: Find local county court and access court-approved landlord/tenant forms.
- Florida Department of Business and Professional Regulation (DBPR): Landlord-tenant complaint contacts.
- Florida Residential Landlord and Tenant Act: Full text of laws protecting tenant rights.
- Florida Statutes Chapter 83, Part II – Residential Landlord and Tenant Act: Official Text
- Florida Courts Landlord/Tenant Self-Help Center: Forms and Help
- Florida Clerks of Court – Eviction Summary: Procedural Overview
- Florida DBPR – Landlord/Tenant Responsibilities: Contact and Complaint
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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