How Long Does It Take to Get Evicted in Florida?

By Anna Assad
A tenant has 24 hours to move once the court allows the eviction.

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An eviction in Florida may take as little as two weeks from the notice delivery to the final removal of a tenant from the rental. The exact length of a Florida eviction depends on the reason for the eviction, how fast the landlord moves and whether the tenant responds so that she can challenge the landlord's allegations in court. A landlord must follow Florida notice procedures before filing a formal court complaint for eviction.

Notice

A Florida landlord must give you three days to pay your rent in full, which does not include weekends or holidays. The landlord must deliver a written notice to you that indicates the total rent due. He can't evict you for nonpayment if you pay in full in time, but the landlord is not obliged to accept partial payments. You have seven days' notice for evictions based on reasons other than nonpayment of rent, such as lease violations. If the reason for the notice isn't serious or a recurring problem, and you correct it before the seven days pass, he can't evict you.

Court Filing

Once the amount of notice time has passed, the landlord can file an eviction complaint in Florida court if you haven't corrected the problem. You have five regular business days to respond to the landlord's allegations. The first day is the day after the sheriff formally served you with eviction papers or posted the papers on your day, as opposed to the day the court staff mailed the papers to your house.

The Hearing

If you file a response, the court will hear your side. Within five days of receiving the complaint based on nonpayment of rent, you must deposit rent money owed with the court along with your answer. At this point, the court will schedule a hearing, with the date depending on their caseload and internal practices. If you don't file an answer or deposit the rent money if required in your case, the landlord automatically wins by default. The landlord may also win the case at your hearing if you answered his complaint. You have only 24 hours to move once the landlord receives the final paperwork, known as a writ of possession, from the court.

Considerations

The landlord can't remove you from the rental until the court decides in his favor. If you answer his complaint and meet the court's requirements for doing so, he must wait until the hearing date. If you don't have a lease and the landlord simply wants the rental unit back, he has to give you a 15-day written notice before he can file an eviction complaint. A landlord whose tenant is receiving government housing assistance, such as Section 8 vouchers, has to follow notice procedures in both Florida and federal law for eviction.

About the Author

Anna Assad began writing professionally in 1999 and has published several legal articles for various websites. She has an extensive real estate and criminal legal background. She also tutored in English for nearly eight years, attended Buffalo State College for paralegal studies and accounting, and minored in English literature, receiving a Bachelor of Arts.

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