Quick Answers
- Where it happens: Residential evictions are filed in county court in the county where the property sits, and they move on a summary (fast-track) procedure.
- Tenant's deadline: After service, the tenant has 5 days, excluding Saturdays, Sundays, and legal holidays, to respond.
- The registry rule: A tenant who raises any defense other than payment must deposit the rent alleged due into the court registry within those 5 days, or file a motion to determine rent. If not, the landlord is entitled to an immediate default judgment under section 83.60(2).
- No response: The landlord moves for default, and a final judgment for possession can be entered without a hearing.
- The writ: After judgment, the clerk issues a writ of possession and the sheriff posts a 24-hour notice before restoring possession.
- Typical timing: About 4 to 5 weeks from filing for an uncontested residential eviction. Contested cases can take 6 weeks to several months.
- Court costs: A $185 filing fee plus $10 per summons, about $40 for service, and the sheriff's writ fee. Attorney fees vary widely by firm; ours is a $295 flat fee for an uncontested residential eviction.
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Once a Florida landlord serves a valid notice and the tenant does not cure or leave, the case moves to county court. From that point the process is fast but unforgiving. Florida's eviction statute runs on short, fixed deadlines, and most delays come from a missed step rather than a strong tenant defense. This guide walks through what happens after filing, in order: service, the tenant's response window, the court registry rule, default, hearings, the final judgment, and the writ of possession. If you have not served notice yet, start with what happens after a 3-day notice in Florida.
The Eviction Timeline at a Glance
Each step below must be completed before the next one can begin. The timing assumes a residential eviction for nonpayment where the tenant is served promptly.
| Step | Typical timing | What happens |
|---|---|---|
| File the complaint | Day 1 | Complaint, lease, and notice filed in county court; summons issued. |
| Serve the tenant | About 3 to 10 days | Sheriff or certified process server delivers or posts the summons. |
| Response window | 5 days after service, excluding weekends and legal holidays | Tenant answers, deposits rent into the registry, or does nothing. |
| Default or hearing | Days to a few weeks | No response leads to default; a contested case is set for hearing. |
| Final judgment | Shortly after default or hearing | Judge signs a final judgment for possession. |
| Writ of possession | A few days to 1 to 2 weeks | Clerk issues the writ; sheriff posts a 24-hour notice, then restores possession. |
Step 1: Filing the Complaint in County Court
The case starts with a complaint for possession filed with the clerk in the county where the rental is located. The complaint attaches the lease, if there is a written one, and a copy of the notice that was served on the tenant. A complaint can also include a second count for unpaid rent, which matters later for the money judgment.
The filing fee is $185, plus $10 for each summons. Most errors at this stage are simple ones: the wrong parties named, a notice that does not match the complaint, or a notice with a defect that the complaint repeats. Each of those gives the tenant a defense that a well-prepared filing would not.
Step 2: Service on the Tenant
The tenant must be served with the summons and complaint by the sheriff or a certified process server. If the tenant cannot be found at the property after the required attempts, the summons can be posted on the door and mailed by the clerk. Posted service is enough to win possession. It is not enough for a money judgment: under section 83.625, a judgment for unpaid rent requires personal service on the tenant. That difference is one of the most common reasons a landlord wins the unit back but never collects the rent.
Step 3: The Tenant's 5-Day Response Window
After service, the tenant has 5 days, not counting Saturdays, Sundays, or legal holidays, to respond. A tenant can do one of three things:
- Do nothing. The landlord moves for default.
- Claim the rent was paid. Payment is the one defense that does not require a registry deposit.
- Raise any other defense. A defective notice, the condition of the unit, retaliation, or anything else triggers the registry requirement.
The Court Registry Rule Every Landlord Should Know
Section 83.60(2) is the landlord's strongest procedural protection in a Florida eviction. If the tenant raises any defense other than payment, including a defective 3-day notice, the tenant must pay into the court registry the rent alleged in the complaint, plus rent that comes due while the case is pending. The deadline is the same 5-day window, excluding weekends and legal holidays.
If the tenant neither deposits the rent nor files a motion to determine rent within that window, the statute treats it as an absolute waiver of every defense other than payment. The landlord is then entitled to an immediate default judgment and a writ of possession without a hearing. A tenant who files a motion to determine rent must support it with documentation showing the amount in the complaint is wrong. For a deeper look at how tenants use the registry and what landlords should do when they deposit, see what happens in a contested eviction.
Step 4: Default Judgment When the Tenant Does Not Respond
Most residential evictions in Florida end here. When the response window closes with no answer and no registry deposit, the landlord files a motion for default and a proposed final judgment. In most counties the judge signs the judgment for possession without a hearing. This is why an uncontested eviction usually takes about 4 to 5 weeks from filing.
Step 5: Hearings When the Tenant Contests
If the tenant files an answer and complies with the registry rule, the court sets the case for a hearing, and some counties send contested cases to mediation first. At the hearing, the landlord needs the lease, the notice and proof of how it was served, the rent ledger, and any communications about the dispute. Judges in eviction court move quickly and usually rule the same day. A contested residential case can take anywhere from about 6 weeks to several months, depending on the county and the defenses raised.
Step 6: Final Judgment and the Writ of Possession
When the landlord wins, the judge enters a final judgment for possession and the clerk issues a writ of possession. Under section 83.62, the sheriff posts the writ on the property with 24 hours' notice and then puts the landlord back in possession. The sheriff's fee to execute the writ is $90 in most counties and $115 in Miami-Dade. See how long a writ of possession takes in Florida for county-by-county timing.
The landlord cannot remove the tenant, change the locks, or shut off utilities at any point before the sheriff executes the writ. Doing so is a prohibited practice under section 83.67 and exposes the landlord to damages. Our guide on changing the locks on a tenant explains the limits.
Winning possession and winning the money are two different results. A tenant served by posting on the door can be removed, but the court cannot enter a money judgment for back rent against a tenant who was never personally served. Landlords who want to collect should push for personal service from the start.
The registry rule cuts the other way in the landlord's favor. A tenant who files a long answer full of defenses but does not deposit the rent within 5 business days has, under the statute, waived those defenses. A landlord who knows this asks for default right away instead of preparing for a hearing that the law says is not needed.
What It Costs to Take a Florida Eviction Through Court
| Item | Amount |
|---|---|
| Court filing fee | $185, plus $10 per summons |
| Process server | About $40 |
| Sheriff's writ of possession | $90 in most counties, $115 in Miami-Dade |
Attorney fees are the variable. They are not set by statute and differ widely from firm to firm, so the same uncontested eviction can cost a landlord $1,500 or more with one attorney and far less with another. Our fee for an uncontested residential eviction is a flat $295. Contested cases cost more because of the hearing and any motions. For the full breakdown, see how much a Florida eviction costs.
Need an eviction moved through court without missteps?
Kelley, Grant & Tanis has handled more than 40,000 eviction cases across Florida. Call 1 (877) 871-8300 or start your eviction online. Related reading: my tenant stopped paying rent and accepting partial rent after a 3-day notice.
Frequently Asked Questions
How long does a Florida eviction take after filing?
An uncontested residential eviction usually takes about 4 to 5 weeks from filing to possession. A contested case can take about 6 weeks to several months, depending on the county and the defenses raised.
How long does a tenant have to respond to an eviction in Florida?
Five days after service, excluding Saturdays, Sundays, and legal holidays. If the tenant does not respond in that window, the landlord can move for a default judgment.
Does a tenant have to pay rent into the court registry to fight an eviction?
Yes, unless the only defense is that the rent was paid. Under section 83.60(2), a tenant raising any other defense must deposit the rent alleged due, plus rent that comes due during the case, or file a motion to determine rent within 5 business days. Failing to do so waives the other defenses and entitles the landlord to an immediate default.
What happens if the tenant does not respond to the eviction complaint?
The landlord files a motion for default and a proposed final judgment. In most counties the judge enters a final judgment for possession without a hearing, and the clerk then issues the writ of possession.
Can I get a judgment for unpaid rent in the eviction case?
Yes, if the complaint includes a count for rent and the tenant was personally served. Under section 83.625, a money judgment requires personal service. A tenant served only by posting can be removed, but the court cannot enter a money judgment against them on that service.
What is a writ of possession in a Florida eviction?
It is the court order that directs the sheriff to restore the property to the landlord. The sheriff posts it on the property with 24 hours' notice and then puts the landlord in possession. The sheriff's fee is $90 in most counties and $115 in Miami-Dade.
Can I change the locks after I win the eviction?
Only after the sheriff executes the writ of possession. Changing the locks, removing belongings, or cutting off utilities before then is a prohibited practice under section 83.67 and can make the landlord liable for damages.
Do I have to attend a hearing in a Florida eviction?
Not in most uncontested cases, which end in a default judgment without a hearing. If the tenant contests the case and complies with the registry rule, the court sets a hearing, and the landlord or the landlord's attorney must appear.
How much does it cost to file an eviction in Florida?
Court costs are a $185 filing fee plus $10 per summons, about $40 for service of process, and a sheriff's fee of $90 in most counties ($115 in Miami-Dade) to execute the writ. Attorney fees are separate and vary by firm. Our fee for an uncontested residential eviction is a flat $295.