If you need to evict a tenant in Orange County, Florida, you're dealing with one of the most active rental markets in the state. The process is governed by Chapter 83 of the Florida Statutes and administered through the Orange County Clerk of Court. An uncontested eviction typically takes 4 to 5 weeks from the time the 3-day notice is served but only if every document is correct and filed in the right order.
This guide walks you through each step of the process, the Orange County Florida-specific requirements you need to know, and the mistakes that get cases dismissed.
Most landlords delay their eviction by filling out forms incorrectly.
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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 your Complaint for Eviction at the Orange County Clerk of Court. The main office is located at Orange County Clerk of Courts, 425 N Orange Ave, Orlando, FL 32801; phone (407) 836-2000. All offices are open Monday through Friday, 8 AM to 5 PM.
For the most current filing requirements, visit the Orange County Clerk's eviction page
You will need to file: a civil cover sheet, your completed Complaint for Eviction, the original Summons and two 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. You must also bring one legal-size envelope with correct postage addressed to each named tenant. If you do not bring the pre-stamped envelopes, the clerk will charge additional postage. Addressed, stamped envelopes required for all parties not receiving service through the e-Filing portal. Check the county packet for exact number of copies required.
If you are seeking possession only (no back rent claim), use Summons form 1.923(a). If you are seeking possession and back rent, use form 1.923(b). Mixing these up is one of the most common errors that delays cases.
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 retains an attorney: proceed with legal representation strongly recommended.
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, the Clerk issues a Writ of Possession. Deliver the writ to the Orange County Sheriff's Office, 425 North Orange Avenue, Suite 240, Orlando, FL 32801; phone (407) 836-4570. Include a self-addressed stamped envelope so the sheriff can return original documents and conformed copies. The $90 sheriff's fee for the writ applies.
Once the writ is posted, the tenant has 24 hours to vacate. If they do not leave, the Orange County Sheriff will authorize you to remove belongings and change the locks, returning possession of the property to you.
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: What court handles evictions in Orange County, FL?
A: Evictions are filed with the Orange County Clerk of Court. The main office is at 425 N Orange Ave, Orlando, FL 32801; phone (407) 836-2000
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: How much does it cost to file an eviction in Orange County, FL?
A: The filing fee is approximately $185, plus $10 per defendant for summons issuance, plus a $90 sheriff's fee for the writ of possession.
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: What happens after a writ of possession is issued in Orange County, FL?
A: The writ is delivered to the OCSO Civil Process Section. Once it is posted on the property, the tenant has 24 hours to vacate. If they do not leave, the sheriff will authorize you to remove belongings and change the locks.
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: 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.