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When a tenant does not pay rent, Florida law requires landlords to follow a specific legal process to regain possession of the rental property. Eviction for nonpayment of rent is not immediate and must proceed through defined steps set by state law and local court procedures.
This article provides a general, informational overview of the typical eviction timeline in Florida for nonpayment of rent. Timelines can vary depending on circumstances, court schedules, and local practices.
Overview: How Eviction for Nonpayment Works in Florida
In Florida, a landlord cannot remove a tenant simply because rent is late or unpaid. The eviction process must begin with proper notice and, if the issue is not resolved, proceed through the court system. Only a sheriff is legally authorized to remove a tenant from a rental property.
The process generally includes notice, filing an eviction case, court review, and enforcement of a court order.
Step 1: Notice for Nonpayment of Rent
Three-Day Notice to Pay Rent or Vacate
The first step in an eviction for nonpayment of rent is serving a written Three-Day Notice to Pay Rent or Vacate. This notice informs the tenant that rent is overdue and provides a limited period to either pay the full amount owed or vacate the property.
In most cases, the three-day period excludes weekends and legal holidays. The notice must clearly state the amount owed and provide the tenant with the opportunity to resolve the issue before further legal action is taken.
If the tenant pays the full amount within the notice period, the eviction process typically stops.
Step 2: Filing an Eviction Lawsuit
If the tenant does not pay rent or move out within the notice period, the landlord may file an eviction lawsuit with the appropriate county court. This filing formally begins the court process.
After the case is filed, the tenant is served with a summons and complaint. The tenant is generally given a limited time to respond in writing to the court. Failure to respond may result in a default judgment in favor of the landlord.
Step 3: Court Hearing and Judgment
If the tenant responds to the lawsuit, the court may schedule a hearing. At the hearing, both parties may present their positions, and the judge will determine whether the eviction may proceed.
If the court rules in favor of the landlord, a judgment for possession is issued. If the tenant does not respond or appear, the court may issue a default judgment without a hearing.
Step 4: Writ of Possession
After a judgment for possession is entered, the landlord may request a Writ of Possession from the court. This document authorizes the county sheriff to remove the tenant from the property if they do not leave voluntarily.
The sheriff typically posts a notice at the property giving the tenant a short period to vacate before physical removal occurs. Only the sheriff, not the landlord, may carry out the eviction.
How Long Does the Entire Eviction Process Take in Florida?
The total eviction timeline for nonpayment of rent in Florida can vary. In the fastest cases, where there is no tenant response, the process may take a few weeks. In contested cases or when court schedules are delayed, the process can take longer.
Factors that may affect timing include court backlog, tenant responses, and compliance with notice requirements.
Important Things Tenants and Landlords Should Know
Florida law generally prohibits landlords from using self-help measures such as changing locks, shutting off utilities, or removing tenant belongings without a court order.
Both tenants and landlords should be aware that eviction laws and procedures can change, and local court practices may differ. Following proper legal procedures is essential to avoid delays or legal issues.
Final Notes
This article is intended for general informational purposes only. It does not constitute legal advice, and it does not create an attorney–client relationship. Laws and procedures may change, and their application depends on specific circumstances.
For guidance regarding a particular situation, consulting a qualified legal professional is recommended.
