BUSINESS LAW 101 / How Long Does An Eviction Take?

By Albert L. Kelley, Esq.

On October 1, 2020, Governor DeSantis’ moratorium on residential evictions ended.  While there is still a CDC order halting evictions that are coronavirus related until December, the cases may still go forward unless the Tenant raises coronavirus as a defense.  Many Landlords have not collected rent for nearly eight months.  They are ready to file eviction actions so they can start earning a living again.  But the question is, how long will it take?  This is not a question with an exact answer, but we can get a pretty good estimate, if we make assumptions that everything moves in the shortest time possible.

For examples sake, let’s look at a tenant who does not pay rent on October 1.  The landlord cannot do anything on October 1, as the tenant has until the end of the business day to pay the rent.  However, on October 2, the landlord may serve a three-day notice on the tenant.  Once the notice is served, the tenant has three days, not including the day of service, Saturdays, Sundays, or legal holidays, to pay the rent.  As October 2 is a Friday, the Tenant’s deadline is October 7.  If the tenant pays the rent, the lease continues.  If not, on October 8 the Landlord may file an eviction action.  Here is where we have to make our first assumption.  Once the landlord files the eviction action, the clerk of court will issue a five-day summons.  This summons, along with a copy of the Complaint needs to be delivered to the sheriff for service.  While it is possible for the sheriff to serve the paperwork the same day, it is more likely that it will not be served until the following day.  So, if the landlord files the eviction case on Thursday, October 8, the tenant will get served on Friday October 9 at the earliest (although service may take an additional day or two.  The sheriff does not serve summons over the weekend, so if it takes an additional day, that would be Monday October 12, adding three days to the equation).  Assuming the tenant gets served on October 9, they then have five business days to file their answer.  As October 9 is a Friday, the tenant will have until October 16 to file their Answer.  Since this is a Friday, the landlord cannot do anything until Monday, October 19.  Assuming the tenant does not respond, on Monday, October 19, the Landlord can file for a clerk’s default.  Immediately after receiving the clerk’s default, the landlord can file for a default judgment.  This will likely not get to the judge until the next day, Tuesday, October 20.  If on the 20th, the judge signs the Order, the Landlord can have the clerk issue a writ of possession that same day.  This Writ must be taken to the sheriff for service.  Again, this is not likely to happen until the following day, October 21.  Once the writ is served, the tenant has 24 hours to vacate the property.  On October 22, the sheriff will remove the tenant from the property and return it to the landlord.  So, if the tenant does not respond, it would take roughly 22 days from beginning to end to evict the tenant.

If the tenant files an answer the timelines are slightly different.  Everything starts the same.  The real question us when the tenant files their answer.  In order to get an accurate estimate, lets assume the tenant files their response on the last day possible- October 16.  Once the Answer is filed (and rent paid to the registry of the Court) the judge will set a hearing.  Usually this takes about a week.  This means that the case will go to trial around Monday October 26.  At the end of the hearing, if the judge rules in the landlord’s favor, it is possible, although the likelihood is low, that the landlord can get a writ that day.  Truthfully, it is more likely that the landlord will receive the writ on Tuesday, October 27.  The writ then needs to be taken to the sheriff, where it will likely be served on Wednesday, October 28.  The tenant still has 24 hours to vacate, so the sheriff will remove them on October 29.  So here, the process will take roughly 29 days from beginning to end.

It is important to note that in both these cases we assume things happen at their most likely fastest time.  Things can act to delay these deadlines a little more (For example, if the writ is delivered to the sheriff on a Thursday, it likely will not be served until the following Monday, as writs are never served on Fridays).  The deadlines can also change based on what day of the week the first falls on. This is also assuming the eviction is based on nonpayment of rent, which only requires a three-day notice.  If the eviction is for a non-monetary breach of the lease, the landlord must serve a seven-day notice or if the landlord wants to end a month-to-month lease, it requires a fifteen-day notice.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law, and labor law at St. Leo University.  He is the author of four law books available through Absolutely Amazing e-Books and the host of “Basics Of The Law”, a weekly YouTube channel. This article is being offered as a public service and is not intended to provide specific legal advice.  If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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