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: Volusia County Court in the Seventh Judicial Circuit, through the Volusia County Clerk of the Circuit Court.
- Who enforces the writ: The Volusia Sheriff's Office, which posts the writ with 24 hours' notice. The sheriff's fee is $90.
- Local issue: With many seasonal and out-of-area tenants, Volusia landlords often face units that appear abandoned, which Florida law treats differently from an ordinary eviction.
Evicting a Tenant in Volusia County?
We file evictions throughout Volusia County and handle every step through the writ.
Landlords in Daytona Beach, Deltona, DeLand, Port Orange, and New Smyrna Beach 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. Volusia also sees a situation that confuses many landlords: a tenant who seems to have simply left. This guide lays out a realistic Volusia 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 Volusia 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 Volusia 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 Volusia 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 Volusia 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 |
When a Volusia Tenant Appears to Have Abandoned the Unit
Volusia's rental market includes a large share of seasonal residents and tenants with ties outside the county, and landlords there regularly find a unit that looks empty, with rent unpaid and no word from the tenant. The instinct is to change the locks and move on. Florida law does not allow that without care.
Under section 83.59(3)(c), a landlord may recover possession when the tenant has abandoned the unit. Absent actual knowledge of abandonment, the statute presumes abandonment if the tenant has been absent for a period equal to one-half the rental period, which is about 15 days on a monthly lease. The presumption does not apply if the rent is current or if the tenant has notified the landlord in writing of an intended absence. A tenant who is two weeks behind and gone, with belongings still inside, may or may not meet that test, and a landlord who guesses wrong can face a claim for an illegal lockout under section 83.67.
The lease matters here too. Section 83.67(5) allows a lease to include a specific clause, in the form the statute sets out, stating that the landlord is not liable for the storage or disposition of the tenant's personal property after the tenant surrenders or abandons the unit or after the landlord recovers possession. Landlords in markets with frequent turnover should make sure their leases include that clause, because without it, belongings left in an abandoned unit become a much harder problem.
When the facts are unclear, the safer path is a normal eviction: serve the 3-day notice, file, and let the court and the Sheriff's Office restore possession. If the tenant really has left, the case usually ends quickly in a default. Personal property left behind is handled under the lease and the statute, and a lease that includes the statutory abandoned property clause makes that step far simpler.
What Speeds Up or Slows Down a Volusia County Eviction
A Volusia 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.
Abandonment feels like a shortcut, but it is one of the riskier calls a Volusia landlord makes. Changing the locks on a tenant who later reappears, with rent unpaid but belongings inside and no written notice of absence, can turn the landlord into the defendant.
When in doubt, file. An uncontested eviction against a tenant who has truly left typically ends in a default, and the writ gives the landlord clear, lawful possession of both the unit and the question of what happens to the belongings.
Commercial Evictions in Volusia County
Everything above describes residential evictions. Commercial tenancies in Volusia 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 Volusia 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 Volusia 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 Volusia County?
Kelley, Grant & Tanis handles evictions throughout Volusia 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 Volusia County eviction practice and how long a writ of possession takes.
Frequently Asked Questions
How long does an uncontested eviction take in Volusia 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 Volusia 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 Volusia County?
In Volusia County Court, part of Florida's Seventh Judicial Circuit, through the Volusia County Clerk of the Circuit Court. Writs of possession are enforced by the Volusia 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 Volusia 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 Volusia 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 happens to belongings left in an abandoned Volusia rental?
It depends largely on the lease. If the lease includes the statutory clause allowed by section 83.67(5), the landlord is not liable for the storage or disposition of property left after the tenant surrenders or abandons the unit or after the landlord recovers possession. Without it, landlords should get advice before disposing of anything.
When is a Florida rental unit considered abandoned?
Under section 83.59(3)(c), abandonment is presumed if the tenant has been absent for one-half of the rental period, about 15 days on a monthly lease, unless the rent is current or the tenant gave written notice of the absence. Actual knowledge that the tenant has left also counts.
Can a Volusia landlord change the locks if the tenant seems to have left?
Only if the tenant has actually abandoned the unit under the statute. If the facts are unclear, filing an eviction is safer, because changing locks on a tenant who has not abandoned can be an illegal lockout under section 83.67.