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: Lee County Court in the Twentieth Judicial Circuit, through the Lee County Clerk of Court.
- Who enforces the writ: The Lee County Sheriff's Office, which posts the writ with 24 hours' notice. The sheriff's fee is $90.
- Local issue: Lee has many seasonal leases, and a tenant who stays after a fixed-term lease ends can be removed for holding over, with double rent available under section 83.58.
Evicting a Tenant in Lee County?
We file evictions throughout Lee County and handle every step through the writ.
Landlords in Fort Myers, Cape Coral, Lehigh Acres, Bonita Springs, and Estero 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. Lee also has a seasonal rental market that produces a specific kind of case: the tenant who does not leave when the season ends. This guide lays out a realistic Lee 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 Lee 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 Lee 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 Lee 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 Lee 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 |
Seasonal Leases and Holdover Tenants
Lee County has a large seasonal rental market, with leases that run for the winter months and end on a fixed date. When a seasonal tenant does not leave on that date, the landlord is dealing with a holdover, not a nonpayment case, and the rules are different.
- No termination notice is usually needed. A lease with a fixed end date ends on that date. A landlord does not need to serve a 30-day notice to end it, unless the lease itself requires advance notice of nonrenewal.
- Lease notice clauses are capped. Under section 83.575, if a fixed-term lease requires advance notice before the tenant vacates, the notice period cannot be less than 30 days or more than 60 days, and a lease that requires the tenant to give notice must also require the landlord to give notice of nonrenewal.
- Double rent is available. Under section 83.58, a landlord may recover double the rent for the period the tenant refuses to surrender possession after the lease ends.
- Accepting rent can change the deal. Taking rent for a period after the lease ends can be argued to create a new month-to-month tenancy, which then requires a 30-day notice to end.
The opposite problem comes up too: a seasonal tenant who leaves early. Under section 83.595, when a tenant breaches a lease and the landlord retakes possession, the landlord generally may treat the lease as terminated, retake the unit and hold the tenant liable for the difference in rent while the landlord tries to re-rent it, or stand by and collect rent as it comes due. A lease can also include an early termination fee of no more than 2 months' rent, if the tenant agreed to it in a separate addendum. Which option applies, and what the landlord must do to preserve it, should be decided before the landlord re-rents the unit.
Short stays rented as vacation accommodations can fall under different rules than residential leases, so landlords who mix seasonal and vacation rentals should confirm which applies before acting.
What Speeds Up or Slows Down a Lee County Eviction
A Lee 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 holdover cases that drag on in Lee County usually involve one decision: accepting rent after the season ended. Once a landlord takes rent for time after the lease's end date, the tenant has an argument that a new month-to-month tenancy began, and the landlord may have to start over with a 30-day notice.
Landlords planning to re-rent for the next season should decide before the end date whether they will accept any further rent, and say so in writing. Clean records on that point are what make a holdover case fast.
Commercial Evictions in Lee County
Everything above describes residential evictions. Commercial tenancies in Lee 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 Lee 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 Lee 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 Lee County?
Kelley, Grant & Tanis handles evictions throughout Lee 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 Lee County eviction practice and how long a writ of possession takes.
Frequently Asked Questions
How long does an uncontested eviction take in Lee 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 Lee 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 Lee County?
In Lee County Court, part of Florida's Twentieth Judicial Circuit, through the Lee County Clerk of Court. Writs of possession are enforced by the Lee 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 Lee 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 Lee 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 Lee County seasonal tenant leaves before the lease ends?
Under section 83.595, the landlord generally may terminate the lease, retake the unit and hold the tenant liable for lost rent while trying to re-rent it, or collect rent as it comes due. A lease may also include an agreed early termination fee of up to 2 months' rent in a separate addendum.
What can a Lee County landlord do if a seasonal tenant will not leave?
File an eviction for holding over once the lease ends. A fixed-term lease generally needs no termination notice unless the lease requires one, and the landlord may seek double rent for the holdover period under section 83.58.
Does accepting rent after a seasonal lease ends cause problems?
It can. Accepting rent for a period after the end date can be argued to create a new month-to-month tenancy, which would then require a 30-day written notice to end. Decide in writing before the end date whether any further rent will be accepted.