Imagine you own a rental property in Orlando and your tenant suddenly stops paying rent mid-lease. What can you do? Florida’s eviction process provides a legal path to remove a non-paying tenant, but it must be followed to the letter. Even though Florida is known as a landlord-friendly state with relatively quick evictions, landlords must adhere strictly to each step – from the 3-day notice to the final sheriff’s removal – or risk delays and legal pitfalls. In this post, we’ll overview Florida’s legal eviction process (especially for non-payment of rent), break down the step-by-step timeline and notices required by law, examine the real costs involved, and show how Orlando landlords can protect themselves.
Florida’s eviction laws are designed to give landlords remedies while also protecting tenant rights. Non-payment of rent is by far the most common reason for eviction, and serves as a good example to illustrate the process. (Other causes like serious lease violations require a similar procedure with a 7-day notice rather than 3-day.) Below, we walk through the Florida eviction process from start to finish, especially as it plays out in the Orlando area. We’ll also highlight how even in a favorable landlord climate, you cannot skip any steps. Finally, we’ll explain how Ackley Florida Property Management helps Orlando owners navigate evictions – from eviction protection coverage to careful tenant screening that makes evictions rare in the first place.
Florida’s Eviction Process: Overview of Legal Steps
In Florida, you can’t just kick out a tenant overnight – you must follow a formal legal process. The process is relatively efficient (often a matter of weeks in simple cases), but every required notice and deadline must be met. Here’s an overview:
Proper notice to the tenant: The process begins by giving the tenant a written notice of the lease violation. For non-payment of rent, Florida requires a Three-Day Notice to Pay or Quit. This notice must state the exact amount of rent due and give the tenant three business days (excluding weekends and holidays) to pay up or vacate. If the tenant pays within the 3 days, the eviction stops. If not, the tenancy is considered terminated and the landlord can proceed with eviction. (For other breaches, landlords generally must give a 7-day notice with an opportunity to cure, or a 7-day unconditional notice for severe/repeat violations.)
Filing an eviction lawsuit: If the notice period passes without resolution, the landlord files an eviction complaint (lawsuit) in the county court where the property is located. This is often called an Unlawful Detainer or Landlord/Tenant action. The landlord will pay a court filing fee (around $185 in many Florida counties) plus a small fee per tenant for issuing the summons. (In some counties, filing fees can range up to ~$400 for an eviction case.) The complaint must include details like the property address, landlord and tenant names, the reason for eviction (e.g. non-payment), and what relief is sought (possession of the property and any back rent). A copy of the lease and the 3-day notice are typically attached to the filing to prove proper procedure was followed.
Serving the tenant and waiting for a response: After filing, the court issues a summons which must be formally served on the tenant (delivered by a sheriff or professional process server) along with the complaint. Personal service is required to give the court jurisdiction. In Florida, sheriffs generally charge about $40–$60 to serve eviction papers, while private process servers might charge $50–$100. Once served, the tenant has 5 days (excluding weekends and legal holidays) to file a written response with the court. If the tenant fails to respond in 5 days, the landlord can move for a default judgment for possession. If the tenant does respond (e.g. disputes the eviction or claims rent was paid), the case will be set for a court hearing. This waiting period can be stressful for landlords – essentially the process is on hold for about a week, giving the tenant one last chance to contest or resolve the issue.
Court hearing and judgment: If a hearing is required (because the tenant answered the lawsuit), both parties will go before a judge. The landlord must demonstrate that the tenant violated the lease or did not pay rent and that all proper notices were given. Assuming the landlord has followed every procedure correctly, the court will likely rule in the landlord’s favor and issue a judgment for possession (legally authorizing the landlord to regain the property). If the tenant didn’t respond at all, the landlord can get a default judgment by showing the paperwork is in order. It’s important to note that Florida strictly forbids “self-help” evictions – a landlord cannot remove a tenant, change locks, or shut off utilities without a court judgment and sheriff involvement. Attempting an illegal eviction can expose a landlord to lawsuits and penalties (including owing the tenant damages of up to three months’ rent plus attorney fees), so following the legal process is critical even when the law is on the landlord’s side.
Writ of Possession and sheriff removal: Winning the judgment is not the end – the landlord must then obtain a Writ of Possession from the clerk, which is an official order to the sheriff to remove the tenant. The sheriff will post a 24-hour notice on the property informing the occupants that they must leave within 24 hours. In practice, the sheriff’s scheduling means the tenant might get slightly more time (often 48+ hours) before the actual lock-out, but it’s a short window. If the tenant still doesn’t vacate, a deputy will return to physically remove the tenant and oversee changing of the locks. There is a fee for the sheriff’s services (approximately $90–$115 in Florida counties for executing a writ). Once the sheriff has done their job, the landlord finally regains possession of the home. Only at this point can the landlord or property manager lawfully re-enter and retake the property.
This entire process – from serving notice to the sheriff’s lock-out – typically takes a few weeks in Florida if uncontested. In a best-case scenario (tenant doesn’t fight it), an eviction might conclude in as little as 3–5 weeks. Florida’s landlord-friendly laws and courts often move faster than in many other states. However, any complication can extend the timeline: if the tenant files an answer and requests a hearing, or delays service, the case could drag on for several months before you regain possession. Orlando-area landlords should be prepared for potential delays, especially if a tenant knows how to stall the process. The key takeaway is that every step must be done by the book – if a landlord makes a mistake on the notice or skips a step, the court can dismiss the case and force you to start over, losing even more time.
The True Cost of an Eviction in Florida
Evicting a tenant isn’t just a time-consuming process – it can also be expensive. Many first-time landlords are surprised by how quickly the costs add up. Let’s break down the realistic expenses an Orlando landlord might face in a typical eviction for non-payment:
Court Filing Fees: Filing the eviction lawsuit in Florida costs roughly $185 in many counties (and up to ~$400 in some areas for filing fees). This is paid to the county court to start the case.
Process Service Fees: You’ll need to pay a sheriff or certified process server to deliver the summons and complaint to the tenant. This usually runs around $40–$100 per tenant, depending on the method and company.
Writ of Possession Fee: If the case goes to completion, a fee of about $90 is charged for the sheriff to post and execute the writ of possession (the final notice and lock-out).
Attorney Fees: While not required by law, many landlords hire an attorney to handle the eviction paperwork and court hearing (to avoid mistakes). Attorneys in Florida might charge a flat few hundred dollars for a simple, uncontested eviction, whereas a contested eviction could cost hundreds per hour in legal fees as court appearances and filings multiply. This can easily reach another few thousand dollars if the case is prolonged.
Lost Rent: This often is the biggest cost. During the eviction process, the tenant is usually not paying rent at all. Even in a fast eviction (around 3-5 weeks), that’s at least one month of rent gone. In many cases it’s 2–3 months of rent lost by the time the sheriff removes the tenant. For an Orlando rental, that could be several thousand dollars in missed income.
Property Damage and Turnover: Problem tenants often leave behind damage or trash. You may need to repair appliances, fix holes in walls, replace carpets, or repaint due to excessive damage. Out-of-pocket repair costs can easily reach several thousand dollars if a “tenant from hell” destroyed parts of the home. Even if damages are minor, you’ll likely pay for cleaning, locksmith services, and rekeying locks after an eviction. Plus, the property might sit vacant longer while you make repairs and find a new tenant – adding more weeks of vacancy (no rent) to the tally.
When you total these costs, it’s not uncommon for an eviction in Florida to cost a landlord around $3,500 on average once you factor everything in. In fact, one industry rule of thumb is that a single eviction can easily run in the several thousands between court fees, attorney bills, and lost rent. And that’s for a relatively straightforward case – complex evictions (for example, if the tenant caused major property damage, filed counterclaims in court, or declared bankruptcy) can push costs toward $5,000–$10,000 in worst-case scenarios. In short, a bad tenant who doesn’t pay can become a very expensive problem.
These financial realities highlight why it’s so critical to prevent evictions if at all possible, and to handle them properly when they do occur. An Orlando landlord not only loses money, but also time and peace of mind dealing with the fallout of an eviction. Next, we’ll discuss how proactive management can avoid these situations – and how landlords can insulate themselves from the risks.
Preventing Evictions with Proactive Management and Screening
The best eviction is the one that never happens. The most effective way to avoid the nightmare scenario of a costly eviction is to place high-quality tenants and manage the tenancy well from the start. This is where professional property management truly shines. Through rigorous tenant screening and consistent oversight, evictions become much rarer.
Effective screening means thoroughly vetting applicants – checking credit scores, verifying income and employment, running national criminal background checks, and contacting previous landlord references. This diligence greatly reduces the chance of ending up with a tenant who won’t pay or who will abuse the property. Landlords in Orlando who try a DIY approach sometimes skip steps in screening due to lack of time or resources, which can lead to “bad apple” tenants slipping through. In contrast, an experienced property manager like Ackley Florida Property Management has refined screening criteria honed over decades. Ackley’s team, for example, verifies every aspect of an applicant’s background (financial, criminal, rental history, etc.) before approving them.
The results speak for themselves: 98% of tenants placed by Ackley Florida pay their rent on time. That incredibly high on-time payment rate is not luck – it’s a direct outcome of careful tenant selection and proactive management. With reliable tenants in place, Orlando landlords enjoy consistent cash flow and far fewer evictions. Good screening also correlates with longer tenancies and better care for the property, since responsible renters are more likely to respect the lease and renew if they are satisfied. In short, investing effort up front to find the right tenant saves you the $3,500 headache of an eviction down the road.
Of course, even the best screening can’t guarantee that every tenancy will be perfect. Unforeseen life events (job loss, divorce, etc.) or rare bad actors can still lead to an eviction situation. That’s why it’s important not only to prevent evictions, but also to have a backup plan if one does occur. This is where Ackley Florida Property Management truly differentiates itself – by not just minimizing eviction risks, but also protecting landlords in the unlucky event that an eviction becomes necessary.
Orlando Eviction Help: Ackley’s Eviction Protection Program
Even with Orlando’s best tenant screening and management, you might wonder: “What if a tenant does need to be evicted?” This is a valid concern for any landlord, given the costs we outlined earlier. Ackley Florida Property Management addresses this head-on with their Eviction Protection Program, a unique safety net for the owners they represent. Landlords seeking Orlando eviction help will find that Ackley’s program virtually eliminates the financial burden of an eviction – it’s essentially **“eviction insurance” for your rental income.
What does Ackley’s Eviction Protection cover? In plain terms, if Ackley has placed a tenant in your property and that tenant must be evicted, Ackley will cover the cost of a simple, uncontested eviction on your behalf. This means they pay for the court filing, process server, and sheriff’s fees, so you don’t have to pay out-of-pocket for those legal expenses. In fact, Ackley guarantees up to $1,000 in eviction-related costs covered for any tenant they place*, providing a valuable safety net for landlords. Few property managers offer anything similar – it’s an extraordinary perk that many competitors don’t provide. This guarantee reflects Ackley’s confidence in their screening (since they rarely need to invoke it) and their commitment to landlord peace of mind.
Beyond footing the bill, Ackley also handles the entire eviction process for the owner from start to finish. They will draft, sign, and serve all required notices, file and prosecute the eviction action in court, obtain the writ of possession, and coordinate with the sheriff to remove the tenant. In other words, all the paperwork, court appearances, and procedural steps are taken care of by professionals. For a landlord, this removes the stress and confusion of navigating the legal system. Ackley’s team ensures every “i” is dotted and “t” is crossed so that the case proceeds as swiftly as possible under Florida law. Meanwhile, they also work quickly to re-rent the property once it’s vacant, minimizing your downtime. The moment it’s legally clear, Ackley will move to get a new qualified tenant in place – reducing the loss of rental income.
The combination of these efforts means that an Ackley client can relax even in the worst-case scenario of an eviction. You’re not paying hefty legal bills, you’re not facing the court alone, and your property will be back generating rent as soon as possible. This level of comprehensive protection gives landlords tremendous peace of mind. One client described it as a “safety blanket” – you hope you never have to use it, but it’s there if you need it, and it lets you sleep easier.
Ackley’s eviction protection program exemplifies an important truth: the landlord experience in Orlando doesn’t have to be stressful. With a trusted property manager shielding you from eviction losses and a proven system to prevent most evictions outright, owning rental property becomes far less risky. Ackley Florida Property Management not only keeps 98% of rents coming in on time through careful tenant placement, but also stands by their placements with real money on the line. If an eviction does occur, they absorb the cost and hassle, so you don’t have to. This approach has been honed through decades of serving Central Florida landlords, and it shows why Ackley is a leader in protecting investors’ interests.
In conclusion, navigating the Florida eviction process requires understanding the legal steps and strict procedures involved. Orlando landlords must follow the rules on notices, filings, and court orders diligently – but they don’t have to navigate it alone. By partnering with a firm like Ackley Florida Property Management, you get the dual benefit of avoiding evictions through top-tier tenant screening, and having an eviction protection safety net in case the unexpected happens. The result is a much more secure and worry-free rental experience. Evictions may be a part of landlording, but with the right support system, you can handle them efficiently or prevent them altogether – keeping your rental investment profitable and protected.
