Florida Eviction Court Process: What Landlords Should Expect After Filing

Filing an eviction in Florida triggers a legal process that moves faster than most civil cases, but only if each step is done correctly. Once you’ve served the proper notice and filed your complaint, you enter a court-supervised timeline with strict deadlines and documentation requirements. Missing even one procedural detail can slow the process or cause dismissal. This guide breaks down what Florida landlords can expect after filing eviction paperwork.

If you’re navigating this process, our eviction attorneys provide hands-on legal support across the state.

Step 1: Filing the Eviction Complaint in County Court

The eviction begins with a complaint filed in the county where the property is located. Landlords must include the lease, eviction notice, and a sworn statement outlining the violation, usually nonpayment or breach of contract. The complaint must be served to the tenant by a sheriff or private process server. Courts won’t move forward until the service of process is verified.

Clerks charge filing fees, and additional costs may apply for each tenant. This first step is where errors often occur, such as incomplete documentation or incorrect parties. Our team prepares and files these complaints for landlords to ensure compliance with Florida law.

Filing must include:

• Eviction complaint form

• Copy of written lease

• Eviction notice previously served

• Verification of noncompliance

• Payment of court and service fees

Step 2: Tenant Response or Default Judgment

After the tenant is served, they have five business days to file a written response with the court. If they don’t respond within this period, the landlord can request a default judgment, which may result in immediate removal. If a tenant does respond, the case proceeds to a hearing or mediation.

Some tenants file an answer to delay the process or raise defenses like improper notice or retaliation. We help landlords analyze the response and prepare the necessary court filings. Missing this stage often leads to unnecessary continuances.

Timeline highlights:

• 5 business days to respond

• Landlord may request default if no answer

• Court evaluates tenant’s defenses if submitted

• Default speeds up removal process

Step 3: Court Hearing or Mediation (If Contested)

If the eviction is contested, the court typically sets a hearing or schedules mediation. At this stage, both parties present evidence and legal arguments. Judges may allow negotiation during mediation to avoid trial, especially in counties with required pre-trial dispute resolution.

Landlords must bring the lease, payment history, notices, and other documents to court. Inaccurate or missing paperwork can result in a ruling against the landlord. Our attorneys represent clients in hearings, presenting the facts clearly and protecting your legal position.

What to expect at hearings:

• Judge reviews notice, lease, and any payments

• Both sides may testify and provide evidence

• Tenants often raise habitability or procedural defenses

• A decision is usually made the same day

Step 4: Final Judgment and Issuance of Writ of Possession

If the court rules in the landlord’s favor, it issues a final judgment for possession. This legal order allows the landlord to request a writ of possession from the clerk. The writ authorizes the county sheriff to remove the tenant after giving them 24 hours to vacate.

Landlords cannot remove tenants themselves, change locks, or dispose of property before the writ is executed. Only the sheriff may carry out this step. We handle the filing and follow-up with the sheriff’s office to expedite enforcement.

Key parts of this stage:

• Judge signs final judgment

• Writ of possession is issued

• Sheriff gives tenant 24 hours to vacate

• Forced removal only after sheriff’s notice

Step 5: Regaining Possession and Managing Tenant Property

Once the writ is executed, the landlord regains possession of the property. The tenant may have left personal belongings behind. Florida law requires landlords to follow specific procedures for abandoned property, such as giving notice before disposal or sale.

Ignoring these rules can lead to liability, even after a lawful eviction. We guide landlords through these final steps to reduce post-judgment risk.

Responsibilities after eviction:

• Regain control of the premises legally

• Follow state law for any abandoned items

• Document property condition immediately

• Change locks and inspect for damages

Additional Costs and Timelines Landlords Should Understand

While the process is designed to move quickly, contested cases or tenant defenses can extend the timeline. Most uncontested evictions in Florida take 3–6 weeks from filing to possession. Costs include court fees, service fees, sheriff charges, and attorney’s fees.

Landlords should budget for possible delays or additional motions. We help landlords keep costs predictable and prevent avoidable errors.

Costs to plan for:

• County court filing fees

• Service of process (sheriff or private)

• Attorney representation fees

• Sheriff fee for writ execution

• Possible post-judgment collections

How Our Attorneys Support You Throughout the Process

From notice to possession, our team handles every step of the Florida eviction timeline. We draft complaints, appear in hearings, manage court filings, and communicate with local sheriff departments to move your case forward efficiently. Our legal support prevents procedural mistakes that cost time and money.

If a tenant contests the eviction, we respond quickly and prepare the strongest legal argument. Our clients include individual landlords and property managers across Florida’s counties.

We can assist with:

• Drafting and serving notices

• Filing complaints and default requests

• Representing you in court

• Coordinating with the sheriff’s office

• Enforcing final judgments and writs

Not Involving Legal Counsel at the Right Time

Many boards wait until a legal issue escalates before seeking help, which can limit options and increase cost. Legal guidance is most effective when used proactively, before contracts are signed, notices are sent, or rules are enforced. Attorneys can also clarify board authority, draft resolutions, and review meeting procedures. This helps avoid violations that occur unintentionally. Having legal support on call also reassures homeowners that the board is operating in good faith.

We recommend periodic reviews of contracts, policies, and internal procedures to ensure compliance. Legal costs are typically much lower when issues are addressed early. Waiting for a dispute to arise increases the risk of formal complaints or litigation. Preventive legal counsel supports long-term association health and protects board members personally.

Contact legal counsel:

• Before implementing rule changes or fines

• When responding to records or architectural requests

• To review contracts and meeting procedures

• After any formal homeowner complaint

Using Outdated Documents or Ignoring Legislative Updates

Governing documents should reflect current Florida law, but many associations continue to operate with outdated bylaws or rules. Each legislative session may introduce changes that affect enforcement, financial disclosures, or digital communication. Boards that don’t update their documents may find their procedures are no longer valid. This creates confusion and increases the chance of member disputes.

We review governing documents and help bring them in line with current legal requirements. Whether that involves amending language or adopting new policies, we guide the board through the proper steps. Annual legal check-ins help associations remain compliant. Keeping documents current also supports clearer communication with residents.

Stay legally current by:

• Reviewing governing docs every 1–2 years

• Comparing your rules to updated Florida statutes

• Amending outdated provisions with member approval

• Consulting legal support before relying on old bylaws

Florida Eviction Court Process: Frequently Asked Questions

How long does a Florida eviction take after filing?

Uncontested evictions in Florida usually take 3 to 6 weeks from filing to final possession. If the tenant responds or contests the case, the timeline can extend significantly. Factors like court scheduling, mediation requirements, and service delays can impact the pace. Working with an attorney helps avoid common errors that cause delays.

What happens if the tenant doesn’t respond to the eviction complaint?

If a tenant fails to respond within 5 business days, the landlord can request a default judgment. Once granted, the court may issue a final judgment for possession without a hearing. This allows the landlord to proceed directly to the writ of possession. Filing correctly and tracking deadlines is critical to moving the case forward.

What is a writ of possession in a Florida eviction?

The writ of possession is a court order directing the sheriff to remove the tenant from the property. After it’s issued, the sheriff posts a 24-hour notice on the rental unit. If the tenant doesn’t vacate, the sheriff physically removes them. Only the sheriff can enforce this step, landlords cannot remove tenants themselves.

Can I attend the hearing remotely or do I need to appear in person?

Some counties offer remote hearings by Zoom, while others require in-person attendance, especially for contested cases. Landlords must follow the court’s instructions exactly or risk case delays. Our attorneys appear in-person or virtually as required to protect your interests. We’ll confirm the hearing type and prepare all materials.

What if the tenant brings up defenses during the eviction hearing?

If a tenant raises a valid legal defense, such as improper notice, payment disputes, or retaliation claims, the judge may deny or delay the eviction. You’ll need to present evidence and legal arguments to overcome these defenses. Our attorneys prepare all documentation and appear on your behalf to counter tenant claims effectively.

Can I recover unpaid rent during the eviction process?

Eviction court in Florida primarily deals with regaining possession, not money judgments. However, landlords can request back rent as part of the same case if done correctly. If granted, collecting the judgment may require post-trial enforcement. We help landlords pursue both possession and damages when possible.

What should I bring to the eviction hearing?

Bring the lease, eviction notice, proof of service, payment records, photos, and any relevant correspondence with the tenant. You may also need to provide testimony or witness statements. Judges expect clear, well-organized evidence. We ensure your case file is complete and courtroom-ready.

Can the tenant appeal the eviction judgment?

Yes, tenants may file an appeal after the final judgment, but they must post a bond and follow strict deadlines. Appeals are rare in eviction cases due to cost and procedural complexity. If filed, the eviction may be paused until the appeal is resolved. We handle appeals and protect landlords during post-judgment proceedings.

Do I need a lawyer to go through Florida eviction court?

While landlords can represent themselves, the eviction process is legalistic and time-sensitive. Mistakes in notice, service, or filings often lead to dismissal or delays. Having an attorney ensures compliance with the Florida statutes and improves your chance of a smooth outcome. Our firm handles eviction litigation across the state.