Quick Answers
- Two models: most uncontested Florida evictions are billed as a flat fee; contested cases are usually hourly or quoted case by case.
- Flat fee: one known price for a defined scope (an uncontested action for possession). No meter running.
- Hourly: you pay for time, used when a case is contested and the work is unpredictable.
- Court costs are separate either way: the attorney fee is for legal work; filing, summons, service, and the sheriff writ are their own costs.
- What to ask: what triggers a switch from flat to hourly, what the flat fee excludes, and whether contested work is estimated or capped.
- Bottom line: flat-fee billing on an uncontested eviction gives you price certainty, which is why most reputable Florida eviction firms use it.
Want a Clear, Flat Price Before You File?
Most uncontested Florida evictions are flat-fee work. Get the number up front, no hourly surprises.
How a Florida eviction attorney bills you matters almost as much as the total. The same case can be handled on a flat fee or by the hour, and the difference is not just price, it is who carries the risk if the case takes longer than expected. This guide explains the two billing models, when each one applies, and what to ask before you sign, so you can read a quote with clear eyes. For the actual dollar figures, see how much a Florida eviction costs; this page is about how the billing itself works.
Why Eviction Work Fits Flat-Fee Billing
Most areas of law are hard to price up front because the work is unpredictable. Uncontested evictions are the opposite. Florida handles them through an expedited "summary procedure" with a standard sequence of steps: notice, complaint, service, and, if the tenant does not respond, a default judgment for possession. A firm that files these constantly knows almost exactly how much work a routine case takes, which is why it can quote the whole thing as a single flat fee. The predictability of the process is what makes flat-fee billing the norm in this niche, while genuinely contested litigation is not.
Flat Fee vs Hourly, Side by Side
| Feature | Flat fee | Hourly |
|---|---|---|
| How you are charged | One set price for a defined scope | A rate multiplied by time spent |
| Price certainty | High: you know the number up front | Low: the total depends on how the case unfolds |
| Who carries the risk | The firm, if the case runs long | You, the client |
| Best for | Uncontested evictions | Contested or unpredictable matters |
| Typical eviction use | The standard nonpayment or holdover case | A tenant who fights back and litigates |
When a Flat Fee Applies (Uncontested Cases)
The flat fee covers a standard uncontested action for possession: the pre-suit review, drafting the complaint, and prosecuting the case through to the judgment for possession. Most nonpayment and holdover cases stay uncontested, partly because a tenant who wants to raise a defense generally has to deposit the rent into the court registry first, which many cannot do (see what happens after a 3-day notice). Because the typical case follows the predictable path, the flat fee is what most landlords actually pay. At Kelley, Grant & Tanis the flat attorney fee for an uncontested residential eviction is $295, with court costs separate.
When Billing Goes Hourly or Case-by-Case (Contested Cases)
A case becomes contested when the tenant files a defense, deposits rent into the court registry, and litigates the matter, which can add hearings, discovery, and unpredictable work. At that point a flat fee no longer fits, because no one can predict how much time the fight will take. Contested matters are therefore typically quoted case by case or billed hourly. Commercial evictions work the same way and are usually quoted rather than flat-fee, because the lease and the dispute drive the work (see how commercial evictions work in Florida).
In Practice, Most Cases Start Flat and Only Convert If Contested
The two models are not an either-or choice you lock in at the start. A typical engagement begins on a flat fee for the uncontested action, and only converts to hourly or a case-by-case quote if the tenant actually contests. That structure gives you the best of both: price certainty for the path most cases follow, and a fair arrangement for the minority that turn into real litigation. So when you get a quote, the useful question is not just "flat or hourly," but "what is the flat fee, and what happens to billing if the tenant fights back." A firm that answers both clearly has handled the full range before.
What the Fee Includes, and What Is Separate
Under either model, the attorney fee pays for legal work, not the court's costs. The filing fee, the summons, the process server, and the sheriff's writ of possession are separate expenses that you pay regardless of how the attorney bills. Optional notice drafting may also be a separate line. The point for billing purposes is simple: when you compare a flat fee to an hourly rate, make sure you are comparing the legal work, and ask which costs sit outside the fee. The full breakdown of those costs is on the eviction cost page.
How to Read an Eviction Fee Quote
Whether a quote is flat or hourly, a few questions tell you what you are really agreeing to:
- Is this a flat fee or hourly? And if flat, for exactly what scope of work.
- What moves the case from flat to hourly? Usually the tenant contesting, but get the trigger in plain language.
- Are court costs included or separate? They are almost always separate, so confirm it.
- Is notice drafting included? Drafting and serving the notice is often a small separate fee.
- If it goes hourly, is there an estimate or a cap? A firm that has done thousands of these can usually give you a realistic range.
For the broader set of questions to ask before hiring, see how to choose a Florida eviction attorney.
A flat fee is not automatically "cheaper" than hourly. What it really does is shift risk. With a flat fee, the firm absorbs the cost if a routine case takes longer than expected; with hourly, that uncertainty lands on you. For a standard eviction that runs the normal course, flat-fee billing takes the unpredictability off your books, and that certainty is the real value, not just the sticker price.
The trap is the suspiciously low flat fee. A headline number that looks cheaper than everyone else often excludes the things that matter, the notice drafting, the court costs, anything contested, so it is not actually the price you will pay. Read what the flat fee includes before you compare it to anything.
Transparent Billing Is a Trust Signal
A firm that can state a clear flat fee and explain exactly what it covers is telling you something useful: its process is predictable enough to price. Vague pricing, or a number quoted before the firm has asked anything about your situation, points the other way. Transparent billing is not just convenient, it is one of the cleaner signals that a firm handles evictions often enough to know what they cost.
What It Costs and How Long It Takes
For an uncontested single-tenant case, the all-in cost runs about $530 (the attorney flat fee plus court costs), and the process typically takes about 4 to 5 weeks from filing to removal. Contested cases cost more and take longer. The complete cost breakdown, including the sheriff's writ fee and the refund policy, is on the eviction cost page.
Want a flat-fee quote before you commit?
Kelley, Grant & Tanis has handled more than 35,000 eviction cases across Florida. Call 1 (877) 871-8300 or start your eviction online. Related reading: how much a Florida eviction costs and how to choose a Florida eviction attorney.
Frequently Asked Questions
Do eviction attorneys charge a flat fee or hourly in Florida?
Most uncontested Florida evictions are billed as a flat fee, because the process is predictable enough to price up front. Contested cases, where the tenant fights back and litigates, are usually billed hourly or quoted case by case. The model you are offered tells you a lot about how routine the firm expects your case to be.
What is the difference between flat-fee and hourly eviction billing?
A flat fee is one set price for a defined scope of work, so you know the number up front and the firm carries the risk if the case runs long. Hourly billing charges a rate for the time spent, so the total depends on how the case unfolds and you carry that uncertainty. Flat fees suit uncontested evictions, while hourly fits unpredictable, contested matters.
When does an eviction become hourly instead of flat fee?
Usually when the tenant contests the case by filing a defense, depositing rent into the court registry, and litigating. That adds hearings and unpredictable work a flat fee cannot anticipate, so contested matters are typically quoted case by case or billed hourly. Commercial evictions are also generally quoted rather than flat-fee because the lease and dispute drive the work.
What does a flat eviction fee include?
A flat eviction fee covers the attorney's work on a standard uncontested action for possession: the pre-suit review, drafting the complaint, and prosecuting the case through to the judgment. It does not include court costs such as the filing fee, summons, process server, and sheriff's writ, which are separate regardless of how the attorney bills. Notice drafting is often a small separate fee as well.
Why do most eviction firms use flat fees?
Because uncontested evictions follow a predictable summary-procedure path, a firm that handles them at volume can estimate the work accurately and price it as one fee. That predictability is unusual in law, which is why flat fees are common for evictions but rare for open-ended litigation. A clear flat fee also signals that the firm files these cases often.
Is a flat fee cheaper than hourly for an eviction?
Not necessarily cheaper, but more certain. A flat fee shifts the risk of a longer-than-expected case onto the firm, while hourly leaves that risk with you. For a routine eviction that runs the normal course, the flat fee removes the unpredictability, which is its main value rather than always being the lowest possible number.
What should I ask about an eviction attorney's billing?
Ask whether the quote is flat or hourly and what scope a flat fee covers, what would move the case to hourly, whether court costs and notice drafting are included or separate, and whether contested work comes with an estimate or a cap. Clear answers signal a firm that knows its process; vague pricing is a warning sign.
Are court costs included in the flat fee?
Generally no. The flat attorney fee pays for legal work, while the court filing fee, summons, process server, and sheriff's writ of possession are separate costs you pay either way. When comparing quotes, confirm which costs sit inside the fee and which are billed separately so you are comparing the same thing.