The Orlando eviction process is governed by Chapter 83 of the Florida statutes. From start to finish, the entire process can be summarized in seven steps. As your eviction attorney, I’ll help you with the entire process from start to finish.
Step 1: 3 Day Notice
First, the landlord needs to post a 3-day notice to pay rent or vacate. The 3-day notice gives the tenant 3 business days to pay or move out. If they do neither, then on the 4th business day the landlord can file for eviction at the county courthouse.
Step 2: Complaint
The second step is filing the eviction complaint at the courthouse. The eviction complaint asks the court to do two things: (1) return possession to the owner of the property and (2) award damages–usually past rent due–to the owner. Attached to the complaint is the written lease, if there is one, and a copy of the 3-day notice from Step 1.
Step 3: Summons
After we file the eviction complaint, the Clerk of the Court will issue a Summons document. This usually takes 1-2 business days.
Step 4: Service
We then hire a process server to serve a copy of the Complaint and Summons onto the tenant. The tenant will have 5 business days to respond in writing and pay the rent owed to the court registry.
Step 5: Default
The vast majority of the time, the tenant does not both respond to the Complaint and deposit money with the registry. If that’s the case, we’ll seek a default judgment.
Step 6: Ex-Parte Court Hearing
We’ll obtain the default judgment at a court hearing due to the tenant’s failure to respond as required by law.
Step 7: Writ of Possession
With the default judgment, we’ll have the Clerk of the Court issue a Writ of Possession. The county sheriff’s office will then post the Writ, giving the tenant 24 hours to move out. Once those 24 hours have expired, the Sheriff will meet you at the property, and you’ll be able to legally retake possession.
Last updated on April 18, 2021