The length of an eviction in Florida depends on several factors, including the reason for eviction, how quickly notices are served, and whether the tenant responds in court. Evictions for nonpayment of rent follow a defined legal process, but the total timeline can vary from case to case.
This article provides a general overview of how long an eviction for nonpayment of rent typically takes in Florida, from the initial notice to the final removal of a tenant. The information is provided for educational purposes only and does not constitute legal advice.
Eviction Timeline Overview in Florida
In general, an eviction for nonpayment of rent in Florida can take several weeks to more than a month. While the process may appear straightforward, delays can occur at different stages, especially if the tenant contests the eviction or court schedules are crowded.
The eviction process usually follows these main steps:
- notice to the tenant
- filing an eviction lawsuit
- court proceedings
- issuance of a writ of possession
Each step contributes to the overall timeline.
Step One: Serving the 3-Day Notice
The eviction process typically begins with a 3-day notice to pay rent or vacate. This notice informs the tenant that rent is overdue and gives a limited period of time to either pay the full amount owed or move out.
In most cases, weekends and legal holidays are not counted toward the three-day period, which can extend the actual calendar time.
For more details on this step, see:
Florida 3-Day Notice to Pay Rent or Vacate
Step Two: Filing the Eviction Lawsuit
If the tenant does not pay the rent or vacate after the notice period ends, the landlord may file an eviction lawsuit with the county court. This filing officially starts the court phase of the eviction.
Once the case is filed, the tenant is typically served with court papers and given a short period of time to respond.
Step Three: Tenant Response and Court Review
When the Tenant Does Not Respond
If the tenant does not file a response with the court, the eviction process may move forward relatively quickly. The court may enter a default judgment, allowing the landlord to request possession of the property.
When the Tenant Responds or Contests the Eviction
If the tenant files a response, the case may take longer. A hearing may be scheduled, and additional time may be required for the court to review the matter. This can extend the eviction timeline by days or weeks, depending on the circumstances.
Step Four: Writ of Possession and Removal
After the court grants possession to the landlord, a writ of possession may be issued. This document authorizes the sheriff to remove the tenant if the property is not vacated voluntarily.
The timing of the final removal can depend on local sheriff availability and scheduling.
How Long Does the Entire Process Usually Take?
In many nonpayment cases where the tenant does not contest the eviction, the process may take approximately two to four weeks. Contested cases or scheduling delays can extend the timeline beyond that range.
For a broader explanation of the full process and required steps, see:
Florida Eviction Timeline for Nonpayment of Rent
Important Considerations
Florida law generally does not allow landlords to remove tenants without a court order. Actions such as changing locks or shutting off utilities are typically not permitted without proper legal authorization.
Because eviction timelines can vary, the actual length of a case may differ based on location, court workload, and individual circumstances.
Final Notes
This article provides a general overview of how long an eviction for nonpayment of rent typically takes in Florida. It is intended for informational purposes only and does not constitute legal advice.
For guidance on a specific situation, consulting a qualified legal professional may be appropriate.
