How to File an Eviction in Florida
Florida eviction is a strict, deadline-driven process. Miss a step and the case gets dismissed.
Florida residential evictions are governed by Chapter 83 of the Florida Statutes. Most non-payment evictions follow a predictable timeline if the landlord serves notice correctly and files the complaint promptly.
Step-by-step
- 1
Serve the 3-Day Notice
Demands rent or possession. Weekends and legal holidays are excluded from the 3-day count.
- 2
File the Complaint for Eviction
Filed in the county court where the property is located. Filing fees are $185 plus per-defendant summons fees.
- 3
Serve the Summons
The sheriff or process server delivers the summons and complaint to the tenant.
- 4
Tenant has 5 business days to respond
Tenant must also deposit any disputed rent into the court registry to contest.
- 5
Request Default and Final Judgment
If tenant doesn't respond, the clerk enters default and the judge signs the judgment for possession.
- 6
Writ of Possession
Sheriff posts a 24-hour notice and then removes the tenant if they haven't left.
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