Quick Answers
- Uncontested: About 3 to 4 weeks from filing to final judgment. If a writ of possession is needed, it adds a few more days after judgment.
- Contested: About 4 to 6 weeks to get a final judgment, depending on the defenses and whether the court wants to set the case for hearing or not.
- Before filing: The correct notice must be served and allowed to expire, such as a 3-day notice for nonpayment under section 83.56(3).
- Tenant's response window: 5 days after service, excluding weekends and legal holidays.
- Where it is filed: Leon County Court in the Second Judicial Circuit, through the Leon County Clerk of the Circuit Court and Comptroller.
- Who enforces the writ: The Leon County Sheriff's Office, which posts the writ with 24 hours' notice. The sheriff's fee is $90.
- Local issue: Leon's student rental market means many leases have several roommates and a parent guarantor, which affects who is named in the case and how back rent is collected.
Evicting a Tenant in Leon County?
We file evictions throughout Leon County and handle every step through the writ.
Landlords in Tallahassee and the surrounding county follow the same Florida eviction statute as every other county, so the deadlines are fixed by law. What varies is where the delays come from: the notice, service of process, the court's calendar, and the writ. Leon also has one of Florida's largest student rental markets, which brings roommates, parent guarantors, and academic-year leases into many cases. This guide lays out a realistic Leon County timeline stage by stage, the local issue landlords there run into most, and what the process costs. For the full statewide process, see the Florida eviction court process.
The Leon County Eviction Timeline, Stage by Stage
This is what an uncontested residential eviction for nonpayment typically looks like when the notice is correct and the tenant is served promptly.
| Stage | Typical timing |
|---|---|
| Serve the notice and let it expire | 3 business days for a nonpayment notice, excluding weekends and legal holidays |
| File with the Leon County Clerk | Within a few days after the notice expires |
| Serve the tenant with the summons | Typically 2 to 3 days if using a private process server; longer with the Sheriff |
| Tenant's response window | 5 days after service, excluding weekends and legal holidays |
| Default and final judgment | Days to a couple of weeks, depending on the court's calendar |
| Writ issued, posted, and executed | The Leon County Sheriff's Office posts the writ, and the tenant has 24 hours to leave |
| Total, uncontested | About 3 to 4 weeks to get a final judgment |
Uncontested vs. Contested in Leon County
| Factor | Uncontested | Contested |
|---|---|---|
| Timeline | About 3 to 4 weeks to get a final judgment | About 4 to 6 weeks to get a final judgment |
| Tenant response | None filed within 5 business days | Any written response filed with the court |
| Registry deposit | Not applicable | Required for any defense other than payment |
| Court appearance | Usually none for the landlord | Hearing is possible, and possibly mediation first |
A tenant who raises any defense other than payment must deposit the rent alleged due into the court registry within the 5-day window, under section 83.60(2). If the tenant does not, the defenses are waived and the landlord is entitled to an immediate default. See what happens in a contested eviction.
Before You File: Choosing the Right Notice
| Situation | Notice | Waiting period |
|---|---|---|
| Unpaid rent | 3-day notice to pay or vacate, section 83.56(3) | 3 business days |
| Curable lease violation | 7-day notice to cure, section 83.56(2)(b) | 7 days |
| Serious or repeated violation | 7-day notice without opportunity to cure, section 83.56(2)(a) | 7 days |
| Ending a month-to-month tenancy | 30-day written notice, section 83.57(3) | At least 30 days before the end of a rental period |
Student Rentals, Roommates, and Parent Guarantors
With Florida State University, Florida A&M University, and Tallahassee Community College, Leon County has a large student rental market. Those leases tend to share features that change how an eviction works.
- Several tenants on one lease. Roommate leases often list every student as a tenant. An eviction complaint should name every adult tenant on the lease, and each must be served. A case that misses a roommate can leave the landlord without full possession.
- Parent guarantors are not tenants. A parent who signed a guaranty is responsible for the money under the guaranty but does not live in the unit and is not removed in the eviction. Collecting unpaid rent from a guarantor is a separate claim for money.
- Academic-year terms. Many Tallahassee leases run from August to July. Holdovers after the end date and renewal notice clauses follow the same statewide rules as any fixed-term lease.
- Turnover pressure. Landlords often need a unit empty before the next academic year's tenant arrives, so starting the process promptly matters more here than in markets without fixed move-in dates.
Two more student-market issues come up regularly. When rent is paid by a parent rather than the tenant, the same rules about accepting rent after a notice apply: taking payment for a period after the termination date can waive the notice, no matter who sent the money. And at move-out, the security deposit rules in section 83.49 still govern, including the 30-day deadline to send written notice of any claim on the deposit, so landlords with several roommates on one lease should send that notice to each tenant's last known mailing address.
When a student holds over past the end of an academic-year lease, the landlord can file for possession and seek double rent for the holdover period under section 83.58. If a new tenant is scheduled to move in, the holdover can create problems with that incoming tenant as well, so landlords should act quickly once the end date passes. A lease clause that sets a move-out time on the last day also avoids disputes about when the holdover began.
What Speeds Up or Slows Down a Leon County Eviction
A Leon County eviction moves fastest when the notice demands only the rent owed with the correct deadline, the case is filed promptly once the notice expires, the tenant is served on the first attempt, and the landlord moves for default as soon as the response window closes. The common delays are a defective notice, accepting partial rent after serving notice, service problems, and a tenant answer the landlord does not test under the registry rule. A defective notice is the worst of these, because it can force the landlord to serve a new notice and start over.
In Leon County, the detail that most often slows a student eviction is service. Students move, travel home between semesters, and keep irregular schedules, and every adult tenant on the lease needs to be served. Giving the process server each tenant's full name and schedule up front saves time.
The other is money. Landlords sometimes assume the eviction judgment will cover the parent who guaranteed the lease. It will not. If back rent matters, the guaranty should be reviewed at the start so the right claim is brought against the right person.
Commercial Evictions in Leon County
Everything above describes residential evictions. Commercial tenancies in Leon County follow a different part of Chapter 83, Part I, with its own notice rules, and the lease terms carry much more weight: there is no statutory form for the notice, the parties can agree to different deadlines, and remedies such as distress for rent are available that do not exist in residential cases. Timelines and costs differ as a result, and a commercial landlord should not assume the residential steps apply. See how commercial evictions work in Florida for the details.
After the Writ
When the Leon County Sheriff's Office executes the writ, the tenant must be out. Under section 83.62, the landlord or the landlord's agent may then remove personal property left in the unit, and the landlord is not liable for that property, though documenting its condition is still wise. Unpaid rent is a separate question: it can be collected through the money judgment if the tenant was personally served, or in a separate action if not. The landlord may not change locks, remove belongings, or cut utilities at any point before the writ is executed; that is a prohibited practice under section 83.67.
What a Leon County Eviction Costs
| Court cost | Amount |
|---|---|
| Filing fee | $185 |
| Summons | $10 per summons |
| Process server | About $40 |
| Sheriff's writ of possession | $90 |
Attorney fees are separate and vary widely from firm to firm; the same uncontested eviction can cost $1,500 or more with some attorneys. Our fee for an uncontested residential eviction is a flat $295. Contested cases cost more because of the hearing and any motions. See how much a Florida eviction costs.
Filing an eviction in Leon County?
Kelley, Grant & Tanis handles evictions throughout Leon County and has handled more than 40,000 eviction cases across Florida. Call 1 (877) 871-8300 or start your eviction online. Related reading: our Tallahassee eviction practice and how long a writ of possession takes.
Frequently Asked Questions
How long does an uncontested eviction take in Leon County?
About 3 to 4 weeks from filing to final judgment is the statewide baseline for an uncontested residential eviction. The notice period runs before filing and is not included.
How long does a contested eviction take in Leon County?
Usually about 4 to 6 weeks from filing to get a final judgment, depending on the defenses raised, whether mediation is required, and the court's hearing calendar.
Where are evictions filed in Leon County?
In Leon County Court, part of Florida's Second Judicial Circuit, through the Leon County Clerk of the Circuit Court and Comptroller. Writs of possession are enforced by the Leon County Sheriff's Office. Our firm and other law firms file evictions electronically, and the Clerk receives them instantly.
How much does an eviction cost in Leon County?
Court costs are a $185 filing fee plus $10 per summons, about $40 for service, and a $90 sheriff's fee for the writ. Attorney fees vary widely by firm; our fee for an uncontested residential eviction is a flat $295.
Does the tenant have to pay rent into the court registry?
Yes, if the tenant raises any defense other than payment. Under section 83.60(2), the tenant must deposit the rent alleged due within 5 business days of service, or the defenses are waived and the landlord can obtain an immediate default.
Can I change the locks to speed things up in Leon County?
No. Changing locks, removing belongings, or shutting off utilities is a prohibited practice under section 83.67. Only the sheriff can remove a tenant, after a writ of possession.
What if a Tallahassee student stays past the end of an academic-year lease?
The landlord can file an eviction for holding over and may seek double rent for the holdover period under section 83.58. Acting quickly matters if a new tenant is scheduled to move in.
Do I have to name every roommate in a Tallahassee eviction?
Every adult tenant on the lease should be named in the complaint and served. Missing a tenant can leave the landlord without full possession of the unit.
Can I evict a student's parent who guaranteed the lease?
No. A guarantor is responsible for the money under the guaranty but is not a tenant and is not removed in the eviction. Unpaid rent can be pursued against the guarantor in a separate claim.