A tenant is not removed immediately after missing rent. First, the landlord must serve a proper 3-Day Notice to Pay Rent or Vacate. The three days exclude Saturdays, Sundays, and legal holidays. If the tenant does not pay or leave, the landlord can file an eviction lawsuit. After filing, the tenant is served with court papers and usually has five business days to respond to the eviction complaint. If the tenant does not respond, the landlord may request a default and final judgment. If the tenant contests the case, it can take longer. Only after a judge enters judgment and the clerk issues a writ of possession can the sheriff remove the tenant.
Sources: Fla. Stat. §§ 83.56(3), 83.56(4), 83.59, 83.60, 83.62; Stanley v. Quest International Investment, Inc., 50 So. 3d 672 (Fla. 4th DCA 2010).
Case note: Stanley is a good reminder that eviction is a court process, not an instant lockout. If the tenant responds or disputes issues like the rent amount, the case can require additional court steps before possession is decided.
