Frequently Asked Questions:

Q: Do weekends count in a Florida 3-day eviction notice?

A: No. Only business days count. Saturdays, Sundays, and Florida legal holidays are excluded from the 3-day period.

Q: What happens if I accept partial rent after serving the 3-day notice?

A: Accepting partial rent after serving your 3-day notice can cost you the right to evict on that notice unless you follow the steps in Florida Statute 83.56(5), such as giving the tenant a receipt showing the amount paid and the balance still due, or serving a new 3-day notice for the new amount. The simplest way to protect your case: don't accept a partial payment.

Q: How long does eviction take after filing in Florida?

A: An uncontested eviction typically takes 4 to 6 weeks from the time the 3-day notice is served, assuming paperwork is correct and the tenant does not respond.

Q: What happens if the tenant ignores the eviction summons?

A: If the tenant files no written response within 5 business days of being served, you can request a default judgment and proceed directly to a writ of possession without a court hearing.

Q: Can a tenant stop the eviction by paying after I file?

A: The tenant can deposit the full disputed rent into the Court Registry within 5 business days of being served. Once a default judgment is entered, payment generally does not stop the process.

Q: What is the difference between possession-only and possession plus rent eviction in Florida?

A: A possession-only case (form 1.923(a)) asks the court solely to remove the tenant and moves faster. A possession plus rent case (form 1.923(b)) also seeks a money judgment for unpaid rent but adds complexity and time.

Q: Do I need an attorney to file an eviction in Florida?

A: No. Landlords can file evictions themselves. However, document errors or incorrect filing can delay or dismiss the case, which is why many landlords use a document preparation service.

Q: What forms do I need to file an eviction in Florida?

A: You need a civil cover sheet, Complaint for Eviction, Summons (form 1.923(a) or 1.923(b)), your 3-day notice, and a copy of the lease if one exists.

Q: What happens after a writ of possession is issued in Florida?

A: The writ is delivered to the county Sheriff's Office. Once posted on the property, the tenant has 24 hours to vacate. If they do not leave, the sheriff authorizes the landlord to remove belongings and change the locks.

Q: Can I evict a tenant for reasons other than non-payment in Florida?

A: Yes. A 7-day notice is used for lease violations. A 15-day notice is used to terminate a month-to-month tenancy without cause. Each requires a different notice form and process.