All Evictions in the State of Florida are governed by Florida Statutes Chapter 83. As Florida Statutes Chapter 83 must be strictly followed in attempting to Evict a Florida Tenant, there is not an exact answer as to how long does it take to Evict a Tenant in Florida. The Florida Eviction process timeline will vary depending on if the Florida Landlord wants to take the property back due to a monetary or non-monetary violations of the Florida Rental Agreement.
For purposes of this Florida Eviction post, lets look at the Florida Eviction timeline for non-payment of rent. Once a Florida Landlord serves a Tenant with a Florida three (3) day notice, a Tenant has three (3) days to either pay rent, vacate the property, or simply do nothing.
If the Tenant does not pay or vacate the the premises within the above time period, the Florida Landlord may serve the Tenant with a five (5) day summons after filing the Eviction complaint. A Tenant has five (5) days to respond to the Eviction complaint. If a Tenant fails to respond to the Eviction complaint, a Landlord can file a Motion for Default and ultimately a Motion for Default Final Judgment. This can take up to three (3) to four (4) days depending on the County in Florida. If a Clerk’s default is entered, the Landlord will file a Motion for Final Default Judgment for Possession and then send a Final Default Judgment for Possession to the Judge for their signing.
Upon signing the Final Default Judgment for Possession, the Judge will then send the Writ of Possession to the Clerk for their stamp. The Landlord will need to also pay the appropriate fees to the Sheriff at this time. Thereafter, the Clerk sends the stamped Writ of Possession to the Sheriff to execute the Writ. This process can take up to two weeks depending on how backed-up the Sheriff is in the county in which the property is located.
Therefore, there is not an exact answer as to how long does it take to Evict a Tenant in Florida, but a good estimate is four (4) weeks. The only way to ensure that a Florida Landlord timely Evicts a Tenant in a timely manner is to strictly follow Florida Statutes. If you are a Landlord or Property Manager and need to Evict a Florida Tenant and stay within the quickest possible Florida Eviction process timeline, call your aggressive and experienced Eviction Attorneys at 954 Eviction Attorneys today at 954.323.2529. We are here twenty-four (24) hours a day, seven (7) days a week, and have offices in both Broward and Palm Beach Counties.