How Long is the Eviction Process

 The eviction process in Florida can be completed in 2-3 weeks for uncontested evictions for failure to pay rent. In case the eviction is contested by the occupant or if the eviction is due to a reason other than nonpayment of rent, the eviction may take longer.

Below are the steps of the eviction process

Posting Of The Notice

Tenants can file a complaint due to :

●        Failure to Pay Rent 

●        End of Lease Term/ No Lease 

●        Violation of the Rental Agreement 

Filing The Complaint

The landlord is required to file a complaint with the court of the applicable county. Upon notarization by the county clerk, the Complaint and summons are given to the county sheriff or process server to serve the specified tenant.

Summons and Complaint is Served

The tenant can decide to revert to the complaint, which must be written and filed with the court clerk. The landlord is sent a copy of the tenant’s response. If the eviction is contested by the tenant, the process can take longer and can involve additional steps. If the eviction is uncontested, the process will continue as per the steps below.

Filing a Motion to Obtain Judgment 

If the eviction was uncontested, the landlord will move to continue with filing a motion to obtain a judgment for possession.

Posting of a Writ of Possession 

This is the last notice to the tenant. It gives the tenant an opportunity to take their possessions before the sheriff returns to the property.

Possession of Property is Returned

The sheriff will complete the process by locking the door. If the tenant is still at the property at the time of the sheriff’s return, they will be removed by force. If any belongings are left at the property, they will not be moved but may be used to cover payment or damages to the landlord.

Factors That Determine The Length Of The Florida Eviction Process

The following are the factors that determine the amount of time taken to evict a tenant in Florida that are outside the control of the landlord. 

●        Initial Notice Period –contingent on the reason and type of notice, between 3 to 15 days.

●        Issuing and Posting of Complaint and summons– four to five days

●        Response Period of the tenant – Five business days.

●        The ruling of the court on the Posting of Writ of Possession and eviction – five days

●        Return of Possession – at least 24 hours.

 

Click here for more information about Broward County Evictions.

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