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: Polk County Court in the Tenth Judicial Circuit, through the Polk County Clerk of Courts.
- Who enforces the writ: The Polk County Sheriff's Office, which posts the writ with 24 hours' notice. The sheriff's fee is $90.
- Local issue: Polk has a large mobile home park market, and lot rental evictions follow Chapter 723, with a 5-day written demand instead of a 3-day notice.
Evicting a Tenant in Polk County?
We file evictions throughout Polk County and handle every step through the writ.
Landlords in Lakeland, Winter Haven, Bartow, Haines City, and Davenport 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. Polk also has one of Florida's larger mobile home park markets, and those evictions follow a different statute entirely. This guide lays out a realistic Polk 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 Polk 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 Polk 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 Polk 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 Polk 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 |
Mobile Home Park Evictions Follow Different Rules
Polk County has a large number of mobile home parks, and evictions there often involve a person who owns the mobile home but rents the lot it sits on. That relationship is governed by Chapter 723, the Florida Mobile Home Act, not the ordinary residential rules in Chapter 83, and the differences matter for timing.
- The notice is different. For unpaid lot rent, the park owner must deliver a written demand for payment, and the default must continue for 5 days after delivery before the tenancy can be terminated under section 723.061(1)(a).
- Mailed notice takes longer. If the notice is mailed, delivery is deemed given 5 days after the postmark.
- The court has discretion. If the home owner pays the lot rent due plus late charges, court costs, and attorney's fees, the court may deny the eviction for good cause, as long as nonpayment has not happened more than twice.
- The state gets a copy. The park owner must send the Division a copy of the eviction notice within 20 days after giving it.
- Grounds are limited. A park may evict only on the grounds listed in section 723.061.
The writ stage can also run differently. Some Florida clerks will not issue a writ of possession in a lot rental case until 10 days after the judgment, and removing a mobile home from a lot is a larger undertaking than removing a tenant from an apartment. Park owners should build that time into their planning and confirm current practice with the Polk County Clerk before counting on a standard timeline.
When the park owns the mobile home and rents it out as a dwelling, the ordinary Chapter 83 process and 3-day notice generally apply instead. Mixing up the two is a common reason Polk lot rental cases are delayed.
What Speeds Up or Slows Down a Polk County Eviction
A Polk 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.
The most expensive mistake in a Polk mobile home park case is using the wrong statute. A 3-day notice served on a home owner who rents only the lot does not satisfy Chapter 723, and a case built on it can be dismissed and restarted with a proper 5-day demand.
Because the court can deny a lot rental eviction when the owner pays everything due, including fees, park owners should expect some cases to end in payment rather than possession. Tracking how many times a home owner has fallen behind matters, because the court's discretion ends after the second time.
Commercial Evictions in Polk County
Everything above describes residential evictions. Commercial tenancies in Polk 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 Polk 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 Polk 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 Polk County?
Kelley, Grant & Tanis handles evictions throughout Polk 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 Polk County eviction practice and how long a writ of possession takes.
Frequently Asked Questions
How long does an uncontested eviction take in Polk 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 Polk 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 Polk County?
In Polk County Court, part of Florida's Tenth Judicial Circuit, through the Polk County Clerk of Courts. Writs of possession are enforced by the Polk 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 Polk 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 Polk 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.
Is it a 3-day notice or a 5-day demand for a mobile home in Polk County?
It depends on what is rented. If the resident owns the home and rents only the lot, Chapter 723 applies and the park must deliver a 5-day written demand for lot rent. If the park owns the home and rents it as a dwelling, the ordinary Chapter 83 rules and 3-day notice generally apply.
How do mobile home park evictions work in Polk County?
When a home owner rents only the lot, Chapter 723 governs. For unpaid lot rent, the park must deliver a written demand, and the default must continue 5 days after delivery before the tenancy can be terminated. Only the grounds listed in section 723.061 are allowed.
Can a mobile home owner stop a lot rental eviction by paying?
Possibly. If the home owner pays the lot rent due plus late charges, court costs, and attorney's fees, the court may deny the eviction for good cause, as long as nonpayment has not occurred more than twice.