It’s midnight. Your tenant hasn’t paid rent in two months. They’re not responding to your texts. You’re not sure whether to call them again, call a lawyer, or just change the locks.
Don’t change the locks — but we’ll get to that.
The most common question landlords ask me when they first call is simply: how long is this going to take? The honest answer is that a Florida eviction, handled correctly, can move faster than most landlords expect — and significantly slower when mistakes are made. Here is the complete timeline, step by step.
The Florida Eviction Process: Step-by-Step
Before filing anything with the court, you must serve the tenant with the appropriate written notice. For nonpayment of rent — the most common reason — Florida law requires a 3-Day Notice to Pay or Vacate. The notice must demand the specific amount owed and give the tenant three business days (not counting weekends or holidays) to pay in full or vacate.
For lease violations other than nonpayment, a 7-Day Notice to Cure or Vacate or a 7-Day Unconditional Quit Notice is required depending on the nature of the violation. Getting this step wrong will get your eviction thrown out of court and force you to start over.
If the tenant does not pay or vacate within the notice period, you may file an eviction complaint with the county court where the property is located. In Broward County, this is filed with the Broward County Clerk of Courts. Filing fees typically run $185–$400 depending on the damages claimed.
After filing, the court issues a summons which must be served on the tenant by the sheriff’s office or a certified process server. The summons notifies the tenant that an eviction has been filed and that they have 5 business days to file a written response with the court.
The tenant has 5 business days from the date of service to file a written response. If they do not respond, you are entitled to a default judgment — you win automatically without a hearing. This is the fastest path to resolution. If the tenant files a response and deposits disputed rent into the court registry, the case proceeds to a hearing.
If no response was filed: You move for a default judgment. In Broward County, defaults in eviction cases are typically processed within a few days of the motion being filed.
If a response was filed: The court will schedule a hearing, typically within 1–3 weeks depending on the court’s calendar. At the hearing, both parties present their evidence and the judge issues a ruling — usually the same day.
Once the court enters a final judgment for possession, you request a Writ of Possession. The writ is the court’s official order directing the sheriff to remove the tenant if they have not already vacated. In Broward County, writs are typically issued and executed within 24–72 hours of the judgment.
The sheriff posts a 24-hour notice on the door, then returns to supervise the tenant’s removal. If the tenant has not vacated voluntarily, the sheriff removes them and you regain possession of your property.
Realistic Total Timeline in Broward County
An uncontested eviction in Broward County typically takes 3 to 5 weeks from the date the notice is served to the date the sheriff executes the writ. A contested eviction typically takes 6 to 10 weeks, sometimes longer depending on the court calendar and the complexity of the tenant’s defenses.
What Makes an Eviction Take Longer
- Errors in the notice — wrong amount demanded, wrong notice period, improper service. Any defect requires you to restart entirely.
- Service problems — tenants who avoid service add days or weeks to the timeline.
- Tenant bankruptcy filing — an automatic stay immediately halts the eviction. You must seek relief from the bankruptcy court before proceeding.
- Contested hearings — habitability claims, retaliatory eviction defenses, or improper notice claims can extend the litigation.
- Court backlogs — Miami-Dade tends to have longer hearing wait times than Broward.
Never do this: Do not change the locks, remove the tenant’s belongings, shut off utilities, or physically remove a tenant yourself. Florida law calls this a “self-help eviction” and it is illegal regardless of whether the tenant owes you rent. You can be sued for damages and face additional penalties. Only a court order and a sheriff can legally remove a tenant in Florida.
Frequently Asked Questions
Need to Evict a Tenant in South Florida?
The Pregen Firm handles residential and commercial evictions across Broward, Miami-Dade, and Palm Beach counties. We get the notices right the first time and move quickly.
Talk to Ari — Free Consultation Or call directly: 954-712-7416