How Long Does an Eviction in Florida Take?

How Long Does an Eviction in Florida Take?

Floridians are familiar with the “Cone of Uncertainty” during hurricane season. The further away the date the greater uncertainty as to where the storm will go. So too the eviction Cone. The time from filing to the time the Landlord gets possession will depend on a number of different deadlines.

Once the case is filed…

An eviction Complaint can be served either personally, as with other law suits, or posted on the front door of the premises. A posting can not be made on the first attempt at service.  If a Landlord uses the Sheriff to serve process, there will be a 1-2 delay from the case filing for the Sheriff to log in the process and assign to the deputy who covers the area where the premises is located. A private process server can serve first and do paperwork later. Also, once the deputy has received the papers for the day, it will be the next day before he/she will obtain the next batch.

If the Landlord waits at the Counter for the Clerk to issue the Summons, the Landlord can then take the Summons, Complaint and Email Designation to the Sheriff’s office, or call a process server to pick up the packet or send the process by email. A private process server can also attempt a same-day service, for more money, of course. Private process servers will serve on Saturdays and also after 7pm Mon-Sat.

Estimated time from the filing of the case to service: 1-4 days

Once the process is served…

An eviction Summons allows a tenant 5 days business days to respond. The day the process is served is not counted, and neither are Saturdays, Sundays and legal holidays.  A tenant might file sooner but often tenants wait for the 5th day to file a response.  Tenants should take a copy of a response to the Clerk–the Clerk will take the original and date-stamp the copy and give it back to the tenant–this is proof it was done timely.

What kind of response? IF there is a defense to eviction OTHER THAN that payment was made, a tenant must either: 1) pay the claimed unpaid rent to the Court’s registry or 2) file a Motion to have the judge determine the amount to be paid to the registry. The failure to do one or the other will result in the tenant being in Default even if they file a response.  If the eviction is for some reason OTHER THAN non-payment of rent, such as the lease has ended and the tenant has not moved, or the tenant has breached a term of the lease not related to rent, the tenant must still either pay rent to the Court’s registry or make the Motion.

Estimated time from service of process to the next step: 7-9 calendar days

If a response is not made, skip to Section 5, but if made…

If responses raising defenses other than payment without rent having been paid to the Clerk and no request made for the judge to decide the amount, the landlord can make a Motion to have a Default and Final Judgment entered.  The law allows a judge to enter a judgment for possession without a hearing, just on the paperwork of the case.  If the response asserts payment, the judge will set a final hearing. If the tenant makes a Motion to have the judge determine how much rent should be paid to the Court’s registry, the judge can either deny the Motion based upon the content, without a hearing, or set a hearing just for that issue. If payment is to be made, at the hearing a deadline will be set, typically noon or 4pm the next day–although some judges will allow more time than that.  If payment is then not timely made, the Landlord will make a Motion for Default and for entry of a Judgment for Possession.  SOME judges monitor the Clerk’s record themselves and if the payment is not docketed will enter the Default and Judgment without the Landlord making the request.

It is a matter of 1-3 days for a default and judgment for possession to be entered. Skip to Section 5.

If payment is made, the judge will then set a final hearing on the Complaint for eviction, typically between 7 and 14 calendar days.

If a hearing on the Complaint is set…

This is trial. The judge will probably render a decision the same day or the next. If the Court rules in favor of the tenant, then the “Cone” stops. If the Court rules that the landlord is entitled to possession of the premises, a Final Judgment will be entered directing the Clerk to issue a Writ of Possession.

Estimated time for the Court to enter a judgment: 1-2 days

Once judgment is entered for possession to Landlord…

The judgment goes to the Clerk’s office. The Clerk issues a Writ of Possession when requested by the Landlord and payment of $90.00 payable to the Sheriff submitted to the Clerk.  Only the Sheriff can execute on the Writ, a private process server is not an option. The cost for service of the Writ and to evict total $90.00, regardless of the number of Tenants. Find out from the Clerk whether they will accept payment for the Sheriff and hold it until the judgment comes through. Palm Beach County used to hold the payment, but no longer. Now, the Clerk will not issue the Writ until the $90.00 payment for the Sheriff is paid, by check or money order.

Once issued, the estimated time for Writ to reach the sheriff: 1-3 days

Once the sheriff receives the Writ of Possession…

The Writ must be processed and then provided to the Deputy who handles the geographic area where the property is located. The Deputy will hand-deliver the Writ to the Tenant or post it on the front door with a 24-hour notice.

Although the Rules of General Practice & Judicial Administration note that the 24 hours starts when served, as a practical matter, a Tenant will have more time.  In larger counties, where there is more service of process and Writs by the deputies, the amount of time to post the 24 hour-notice, will be 1-3 days calendar days from when the Sheriff gets the Writ.  Typically, the deputies do not post on Saturdays, Sundays or legal holidays. For example, if the 24-hour notice is posted on a Thursday, the term ends Friday, which translates to Monday.  Each county’s Sheriff has their own standard.  The Deputy will then contact Landlord or Landlord’s representative to coordinate a day and time the Deputy will take over possession of the premises and turn it over to Landlord. If posted earlier in the week, a Friday eviction is possible.

Estimated time from issue of the Writ to the 24-hour notice to be posted: about 2-4 calendar days, and then from the posting to the time the Deputy will turn possession over to the Landlord: about 4-10 calendar days.

Conclusion

As you can see, many variables in the process affect the time for possession to return to Landlord. Consider also storms [real hurricanes] and holidays: Thanksgiving to Christmas to New Year’s, either as a result of the holiday spirit or the basic fact that the legal system is shut down 2 business days each week for T-giving and Xmas and possibly New Year’s as well. Is it “legal”? No, but it is a fact of life.

Landlords may find it beneficial to offer to pay money to the Tenants! Yes! Offer to pay $X to a new landlord if the Tenant will vacate. The cost to file the case and serve several tenants in the premises and then have execution on the Writ may be more than $X, especially if the Landlord retains legal counsel, and the Landlord would then have return of the premises sooner.

Tenants may want to move out sooner, so they do not have uncertainty of not knowing “when”. You can not put a price on peace of mind.

As stated, each county may have a process which is different from that described.

I hope you found this helpful.