By LaDonna, Evictions Done For You | 20+ years of property management | Updated October 2026
How to Evict a Tenant in Orange County, FL | Orlando, Winter Park, Apopka, Ocoee (Step-by-Step Guide)
Orange County landlords have options for where to file.
You can e-file online, file at the main courthouse in downtown Orlando, or use a Clerk branch in Apopka, Ocoee, or Winter Park.
What trips up Orange County landlords usually happens at the very end.
After the judge signs, a Sheriff's deputy calls you to set up a lockout appointment.
If you can't be reached, or you can't get inside the property at the appointment, the writ comes back unexecuted and you pay another $90 to try again.
This guide covers where to file, what the Sheriff charges, and how to make sure your lockout happens the first time.
WHERE TO FILE AN ORANGE COUNTY EVICTION
Online: Florida Courts E-Filing Portal (available 24/7)
Main Courthouse (Orlando)
Orange County Courthouse, 425 N. Orange Ave., Orlando, FL 32801
Civil Division, Room 350
Phone: (407) 836-2000
Monday to Friday, 7:30 a.m. to 4:00 p.m.
Branch locations that handle eviction cases
Apopka Branch: 1111 N. Rock Springs Rd., Apopka, FL 32712
Ocoee Branch: 475 Story Rd., Ocoee, FL 32761
Winter Park Branch
450 N. Lakemont Ave., Winter Park, FL 32792
Self Help Center: Room 340 at the main courthouse. Offers help completing forms and appointments with an attorney.
Clerk's eviction page: myorangeclerk.com/Divisions/Civil/Evictions
Your case is filed in the county where the rental property is located.
ORANGE COUNTY SHERIFF FEES
The Clerk and the Sheriff are separate offices. You pay each one separately.
Serving the eviction summons: $40 per tenant served, even if they live at the same address
Writ of possession: $90 flat fee
Alias writ (if the first lockout attempt fails): another $90
Make checks and money orders payable to: Orange County Sheriff's Office. Cash (exact change only) and credit cards (convenience fee) are also accepted.
You cannot serve the summons or writ yourself. Use the Sheriff or a certified process server.
THE ORANGE COUNTY LOCKOUT CHECKLIST
1. Put a working phone number with voicemail on your writ. The deputy calls you to schedule the lockout.
2. Be ready to get inside. Bring working keys, or have a locksmith on site.
3. Plan to change the locks at the appointment.
4. If you can't get in, the writ is returned unexecuted. You'll have to file an "alias" writ with the Clerk and pay another $90.
5. Found a mistake on your writ? The Sheriff's office can't accept changes. Corrections must go through the Clerk first.
Note: "24 hour" writ doesn't mean you're locked in 24 hours after posting. The tenant gets at least 24 hours, then the deputy schedules your appointment.
Step 1 — Serve a Valid 3-Day Notice
The process begins with a written 3-Day Notice to Pay or Vacate. The notice must state the exact amount of rent owed (do not include late fees unless your lease explicitly allows it), the date the notice was given, and the name and address of both the landlord and the tenant. You deliver it by hand, by posting it on the door, or by certified mail.
Important: The three days are business days only. Saturdays, Sundays, and Florida legal holidays do not count. Keep a copy — you will need it when you file.
Step 2 — Wait the Full 3-Day Period
Do not file before the notice period has fully expired. Filing even one day early can get your case dismissed and restart the clock. If Day 3 falls on a weekend or holiday, the period extends to the next business day.
One critical trap: if your tenant offers partial payment during the notice period and you accept it — even as a goodwill gesture — you may legally invalidate your 3-day notice under Florida law and have to start over. Do not accept any payment unless it is the full amount owed.
Step 3 — File Your Eviction Complaint with the Orange County Clerk
File online, at the main courthouse in Orlando, or at the Apopka, Ocoee, or Winter Park branch. You will need: a civil cover sheet, your completed Complaint for Eviction, the Summons with copies for each named tenant, a copy of your 3-day notice, and a copy of the lease if one exists. The filing fee is approximately $185, plus $10 per defendant for summons issuance. Bring addressed, stamped envelopes for each tenant. The Clerk's eviction packet lists the exact number of copies and envelopes required, so check it before you go. If you want the Sheriff to serve the summons, include the $40 per tenant service fee, payable to the Orange County Sheriff's Office. For the most current requirements, visit the Orange County Clerk's eviction page: myorangeclerk.com/Divisions/Civil/Evictions
Step 4 — The Tenant Is Served and Has 5 Business Days to Respond
The Sheriff or a certified process server will serve the tenant with the Summons and Complaint. After service, the tenant has 5 business days (excluding the day of service, weekends, and holidays) to file a written response with the Clerk and deposit any disputed rent into the Court Registry.
If the tenant files no response and deposits no rent: you move to Step 5. If the tenant files an answer: the court will schedule a hearing. This adds time but does not mean you lose. If the tenant hires an attorney, we strongly recommend you do the same.
Step 5 — Request a Default Judgment
If the tenant does not respond within 5 business days, file a Motion for Default, an Affidavit in Proof of Claim, and a proposed Final Judgment for Possession with the Clerk. The judge reviews the case and, if approved, signs the Final Judgment.
Step 6 — Obtain the Writ of Possession and Schedule Sheriff Lockout
After the Final Judgment is entered, get the Writ of Possession from the Clerk and bring it to the Orange County Sheriff's Office, Judicial Process, Room 240, 425 N. Orange Ave., Orlando, FL 32801; phone (407) 836-4515. Include the $90 writ fee. The writ is posted on the property, giving the tenant at least 24 hours to leave. The deputy will then call you to set a lockout appointment. At that appointment you must be able to enter the property and change the locks, or have a locksmith there. If you can't get in, the writ is returned unexecuted and you'll need to file an alias writ and pay another $90.
Important: Even if a tenant appears to have already moved out voluntarily, it is strongly advisable to have the writ formally executed by the sheriff. This formally ends their legal right to occupy the property and prevents any future claim that they still had possession.
Q: How long does an eviction take in Orange County, Florida?
A: An uncontested eviction typically takes 4 to 5 weeks from the date the 3-day notice is served, assuming all paperwork is filed correctly and the tenant does not respond.
Q: Do weekends count in a Florida 3-day eviction notice?
A: No. Saturdays, Sundays, and Florida legal holidays are excluded from the 3-day count. Only business days count.
Q: What happens if I accept partial rent after serving a 3-day notice in Florida?
A: Accepting any partial payment after serving the notice can legally invalidate the notice under Florida law, requiring you to start the process over. Do not accept payment unless it is the full amount owed.
Q: What forms do I need to file an eviction in Orange County, Florida?
A: You will need a civil cover sheet, Complaint for Eviction, Summons (form 1.923(a) for possession only or 1.923(b) for possession and back rent), your 3-day notice, and a copy of the lease if one exists.
Q: Can a tenant stop the eviction by paying after I file?
A: The tenant can deposit the full amount of disputed rent into the Court Registry within 5 business days of being served. If they do, the case may be dismissed. Once a default judgment is entered, payment generally does not stop the process.
Q: Why did the Orange County Sheriff return my writ unexecuted?
A: Usually because the landlord couldn't get inside at the lockout appointment, or the deputy couldn't reach them. To try again, file an alias writ with the Clerk and pay another $90 fee.
Q: Does a tenant in Orange County have to appear in court for an eviction?
A: Not necessarily. If the tenant does not file a written response within 5 business days of being served, a default judgment can be entered without a court hearing.
Q: Can I file my Orange County eviction outside downtown Orlando?
A: Yes. The Clerk's Apopka, Ocoee, and Winter Park branches handle eviction cases, and you can also e-file online.
Q: What is the difference between possession-only and possession plus rent eviction in Orange County?
A: A possession-only eviction (form 1.923(a)) asks the court solely to remove the tenant. A possession plus rent case (form 1.923(b)) also seeks a money judgment for unpaid rent. Possession-only cases move faster and are simpler to file without an attorney.
Evictions Done For You is a document preparation service, not a law firm. Nothing on this page constitutes legal advice. For questions about your specific situation, consult a licensed Florida attorney.