What Happens If a Tenant Doesn't Respond to an Eviction in Florida?

If your tenant was served with an eviction Summons and Complaint and did not respond within the required timeframe, Florida law allows you to move forward without a court hearing. This page explains exactly what happens next, what you need to file, and how quickly you can get possession of your property back.

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-by-Step: What to Do If A Tenant Does Not Respond

Step 1 — Confirm the 5-Day Response Window Has Closed After the Summons is served on your tenant, they have 5 business days to file a written response with the Clerk of Court and deposit any disputed rent into the Court Registry. Weekends, the day of service, and Florida legal holidays do not count toward the 5 days. If Day 5 passes with no response and no deposit, you are clear to proceed.

Step 2 — File a Motion for Default Go to the Clerk of Court in the county where the property is located and file a Motion for Default. This formally notifies the court that the tenant failed to respond within the required timeframe. Bring copies for the clerk.

Step 3 — Submit a Proposed Final Judgment for Possession Along with the Motion for Default, submit a proposed Final Judgment for Possession. The judge reviews the case and, if everything is in order, signs the Final Judgment ordering the tenant to vacate the property.

Step 4 — Obtain the Writ of Possession Once the Final Judgment is signed, return to the Clerk to obtain the Writ of Possession. Deliver the writ to the county Sheriff's Office along with the $90 fee. The sheriff will post the writ on the property.

Step 5 — Sheriff Posts the Writ — Tenant Has 24 Hours to Vacate Once the writ is posted, the tenant has 24 hours to vacate. If they do not leave voluntarily, the sheriff will authorize you to remove their belongings and change the locks, returning full possession of the property to you.

Common Mistakes When a Tenant Doesn't Respond

~Filing the Motion for Default before the full 5 business days have elapsed

~Failing to bring the correct copies and documents to the clerk when filing the default

~Not including the $90 sheriff's fee when submitting the writ of possession

~Accepting any payment from the tenant after the default is entered -this can complicate your case

~Assuming the tenant has abandoned the property without formally executing the writ

These mistakes can delay your eviction by weeks or even result in dismissal.

The eviction is over — but now you're looking at a vacant property that needs work, a rental market you have to navigate, and the stress of finding a qualified tenant all over again.

If you've been through this once, you know how exhausting it is. Some landlords decide they'd rather not do it again.

If you're thinking about your options, whether that's a fast sale, a cash offer, or simply understanding what the property is worth right now. We can help with that too.

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Frequently Asked Questions:

Q1 Question: How fast can I sell my property after an eviction in Florida? Answer: A cash sale can close in as little as 7 to 14 days after eviction. No repairs, no listings, no waiting for buyer financing.

Q2 Question: Do I have to fix the property before selling after an eviction? Answer: Not if you sell to a cash buyer. Cash buyers purchase properties as-is, including damage left by tenants.

Q3 Question: What is my property worth after an eviction in Florida? Answer: Value depends on condition, location, and market. A quick consultation can give you a realistic number with no obligation.

Q4 Question: Can I sell a property that still has tenant belongings inside? Answer: Yes. A cash buyer can purchase the property as-is. They handle the cleanout so you don't have to.

Q5 Question: How long does it take to find a new tenant after an eviction? Answer: Typically 30 to 60 days including repairs, listing, screening, and lease signing — longer if the property needs significant work.

Q6 Question: Should I sell or re-rent after an eviction in Florida? Answer: It depends on your situation. If you're tired of managing the property, a fast sale may make more sense than another tenant cycle.

Q7 Question: What if my property was damaged during the eviction? Answer: Document everything with photos immediately. You may have a claim against the tenant and a cash buyer can still purchase as-is.

Q8 Question: Is a cash offer for my property negotiable? Answer: Yes. A cash offer is a starting point for a conversation, not a take-it-or-leave-it ultimatum.

What to know the process in other counties?

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.