After a 3-day notice expires in Florida, the next step
is filing an eviction lawsuit with the county court.
If the tenant does not respond, you can request
a default judgment and move toward a writ of possession.
This step is where most landlords make mistakes
that delay the eviction process or cause the case to be dismissed.
Step 1 -Confirm the Notice Period Has Fully Expired
The 3-day period counts business days only. Saturdays, Sundays, and Florida legal holidays do not count. Do not count the day the notice was delivered โ start counting the following business day. Filing even one day early can get your case dismissed and restart the entire clock.
One critical trap most landlords don't know: if your tenant offers partial payment during the notice period and you accept it โ even as a goodwill gesture โ 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 2 -File a Complaint for Eviction with Your County Court
Once the notice period expires, you file a Complaint for Eviction with the Clerk of Court in the county where the property is located. You will need a civil cover sheet, the Complaint, a Summons, a copy of your 3-day notice, and a copy of the lease if one exists. Filing fees vary by county but are typically around $185 plus $10 per defendant.
Important: If you are seeking possession only (no back rent), use Summons form 1.923(a). If you are also seeking unpaid rent, use form 1.923(b). Using the wrong form is one of the most common filing errors in Florida evictions.
Step 3 -The Tenant Is Served and Has 5 Business Days to Respond - (see link to video below)
The Sheriff or a certified process server delivers the Summons and Complaint to the tenant. From the date of service, the tenant has 5 business days (excluding 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: proceed to Step 4. If the tenant files an answer: the court will schedule a hearing. If the tenant retains an attorney: legal representation on your side is strongly recommended.
Step 4 -Request a Default Judgment
If the tenant does not respond within 5 business days, file a Motion for Default and a proposed Final Judgment for Possession. The judge reviews and, if approved, signs the Final Judgment ordering the tenant to vacate.
Step 5 -Obtain the Writ of Possession and Schedule Sheriff Removal
After the Final Judgment is entered, the Clerk issues a Writ of Possession. You deliver it to the Sheriff's Office along with the $90 fee. Once the writ is posted on the property, the tenant has 24 hours to vacate. If they do not leave, the sheriff authorizes you to remove belongings and change the locks.
*Filing the case too early before the notice legally expires
*Using incorrect or incomplete documents
* Failing to properly serve the tenant
*Requesting rent and possession together (slows the process)
*Accepting partial rent payment after serving the notice, which can legally void the notice under Florida law
*Filing in the wrong county court (must be the county where the property is located)
These mistakes can delay your eviction by weeks or even result in dismissal.
We provide fully completed Florida eviction documents with step-by-step instructions so you can file correctly and avoid costly mistakes.
Need the full process? Read our complete guide:
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 any partial payment after serving the notice can legally invalidate it under Florida law, requiring you to start the entire process over. Only accept payment if it is the full amount owed.
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.
Eviction process by county:
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.