In Florida, tenants can’t legally refuse service of eviction papers, even if they try to avoid receiving them. The law is clear: once a process server follows proper service procedures, the eviction moves forward whether the tenant accepts the papers or not. Ignoring or refusing service doesn’t stop the case; it only takes away your chance to respond or defend yourself in court.
Still, many landlords and tenants misunderstand how “service of process” actually works. What does proper service mean? What happens if someone keeps avoiding the process server? And how many times will they try? This guide breaks down everything you need to know about serving eviction papers in Florida, from legal requirements to common mistakes, with insights from professional process servers who handle these situations every day.
What Is “Proper Service” in Florida?
Service of process formally delivers legal papers, such as a complaint, summons, or motion, to notify someone that another party has filed a legal action against them. It’s the first essential step that allows the court to establish jurisdiction and ensure the recipient is aware of the case.
In Florida, proper service is a cornerstone of due process. Before a court can make any decision that affects a person’s rights, including the right to remain in a rental property, that individual must receive notice in a legally valid way.
In an eviction case, proper service generally follows these steps:
- Issuing the required notice — For example, a 3-day notice to pay or quit, or a 7-day notice to cure a lease violation.
- Filing the complaint — After the notice period expires, the landlord files an eviction complaint, and the court issues a summons.
- Serving the tenant — The process server must deliver the summons and complaint according to Florida’s rules on service of process.
Under Florida Statute §48.183 (Actions for Possession), if the process server makes two unsuccessful attempts at personal service, they may post the eviction papers in a visible location on the property and mail a copy to the tenant. When you post and mail the documents correctly, the service counts as valid.
If the server delivers the papers incorrectly or fails to meet legal standards, the court may delay or dismiss the eviction.
Proper service ensures that tenants receive fair notice and a real opportunity to respond. It’s not just a formality; it’s what upholds the integrity of the legal process.
How Service of Process Works in Florida Evictions
Let’s break down how the process typically unfolds in practice.
1. The landlord provides the initial eviction notice.
Before any lawsuit begins, the landlord must issue a formal eviction notice, such as a 3-day notice for nonpayment of rent or a 7-day notice to cure or quit for lease violations. This gives the tenant time to correct the issue or vacate.
2. The landlord files the eviction complaint.
If the tenant doesn’t comply within the notice period, the landlord may file an eviction complaint in county court. This officially starts the case.
3. The court issues a summons.
After filing the complaint, the clerk issues a summons that directs the tenant to respond within five business days of service, excluding weekends and holidays.
4. You must serve the summons and complaint.
This step is critical. Florida law recognizes several valid methods of service:
- Personal service: The process server personally delivers the documents to the tenant or someone authorized to receive them.
- Substituted service: If personal service isn’t possible after reasonable attempts, Florida law allows posting and mailing as an alternative method.
- Posting and mailing: After two unsuccessful attempts, the server may post the papers on the property and mail a copy. The court considers service effective on whichever date comes later—posting or mailing—and at least five days must pass before the judge can issue a final judgment for removal.
- Unknown occupants: For unnamed residents, Florida law requires three attempts at different times, during business hours, after hours, and on a weekend.
5. Proof of service and court filing.
After serving the documents, the process server prepares a return of service or affidavit that details how and when they delivered the papers. The server then files this proof with the court to confirm that the recipient received proper notice.
If the tenant fails to respond within the deadline, the landlord can request a default judgment for possession. However, if service was defective, the court may deny or overturn the case, resulting in delays and added legal costs.
The process server files proof of service with the court after serving the summons and complaint. If you’d like to understand what happens after this step, from follow-up attempts to court filings, check out our related post, What Happens After You File a Summons in Florida
Why Proper Service Matters
Proper service of process protects everyone involved, landlords, tenants, and the integrity of Florida’s judicial system.
Protects Landlord Rights
For landlords and property managers, proper service isn’t just a procedural step — it’s the foundation that allows an eviction case to move forward legally. If the landlord serves the papers incorrectly, the tenant can challenge the action by filing a motion to quash or stating that they didn’t receive proper notice. That could mean lost time, added expenses, and even having to restart the entire process.
Protects Tenant Rights (Due Process)
From a tenant’s perspective, valid service ensures they receive fair notice of the case against them. This gives them the opportunity to respond, appear in court, and present any defenses they may have. It’s a fundamental part of due process — everyone deserves to know about any legal action before losing their housing rights.
Avoids Costly Delays and Risk of Reversal
Experienced process servers often remind landlords that inaccurate or incomplete service can cause serious setbacks, including:
- Courts refusing to enter a judgment due to improper service
- Judges overturn default judgments when parties don’t receive valid notice
- Extra court fees, re-filing costs, and loss of rental income
- Damaged credibility and increased legal expenses
Judges overturn default judgments when parties fail to receive valid notice.
Enhances Efficiency and Case Management
When servers handle service properly, the eviction process stays on track — the landlord files the complaint, the court issues the summons, the tenant receives it, and hearings move forward as scheduled. Professional, timely service ensures compliance with the law and keeps the case moving smoothly toward resolution.
Can You Refuse Service in Florida?
Can you refuse service of papers in Florida?
Some people try, they may hide, avoid answering the door, or simply refuse to accept the papers. But under Florida law, refusal doesn’t invalidate service. As long as the process server makes legitimate attempts and follows state procedures, the eviction can move forward. Avoiding service doesn’t stop the case; it only limits your chance to respond.
Q: What happens if someone refuses to accept service?
When someone deliberately avoids service, for example, by not answering the door or providing false information, the process server will document each attempt. After two failed efforts, they can use the posting-and-mailing method. This ensures that even evasive tenants receive legal notice in a way the court recognizes.
Q: How many attempts will a process server make in Florida?
It depends on the situation:
- For evictions, the process server must make at least two attempts before posting and mailing.
- You must make three attempts to serve unknown occupants — once during business hours, once after hours, and once on a weekend.
Most professional servers go beyond the minimum to ensure due diligence and maintain the service’s validity.
Can you refuse service of court papers?
You can refuse to take the papers, but it doesn’t prevent valid service. The process server will record your refusal and complete service through legal alternatives such as posting and mailing. After you complete those steps, the court recognizes you as legally served.
Common Mistakes in Serving Eviction Papers (and How to Avoid Them)
From conversations with experienced process servers and legal-support professionals, here are the most frequent pitfalls, and how to prevent them:
Inadequate attempts or poor documentation
- Issue: The server makes only one attempt or doesn’t record details of each effort.
- Best practice: Make at least two attempts (ideally at different times) and document each one clearly in the return of service.
Posting without proper prior attempts
- Issue: Skipping straight to posting invalidates service.
- Best practice: Make two genuine good-faith attempts before posting.
Ignoring the mailing requirement
- Issue: Posting alone is not enough. The clerk must mail a copy to the tenant.
- Best practice: Confirm that you mailed the documents and wait five days before requesting judgment.
Violating restrictions on service days or using unauthorized servers
- Issue: Florida generally prohibits Sunday service, and unauthorized servers can invalidate the case.
- Best practice: Schedule attempts during permissible times and use certified process servers.
Attempting self-service
- Issue: Landlords who attempt to serve papers themselves risk making technical errors.
- Best practice: Hire a professional process server to ensure compliance and proper documentation.
Proper vs. Improper Service: A Quick Comparison
| Element | Proper Service | Improper Service |
| Number of Attempts | At least two valid attempts before posting and mailing. | Only one attempt or no real effort to locate the tenant. |
| Documentation | Each attempt recorded with date, time, and details; affidavit filed with court. | Incomplete or missing notes; no return of service filed. |
| Posting & Mailing | Done after required attempts; clerk mails a copy; five-day waiting period observed. | Posting without mailing; mailing without posting; skipped attempts. |
| Timing of Attempts | Attempts made at different times, including non-business hours. | All attempts made at one time of day or on prohibited days. |
| Authorized Server | Served by a licensed process server or sheriff. | Served by an unauthorized individual. |
| Tenant’s Right to Respond | Proper notice given; tenant has five business days to respond. | Tenant not properly notified; service defective. |
| Outcome | The Case proceeds lawfully and efficiently. | Case delayed or dismissed due to invalid service. |
Final Thoughts — Why Proper Service Protects Your Case
In Florida evictions, proper service isn’t just a procedural requirement — it’s the foundation of due process. When done correctly, it protects both landlord and tenant rights, keeps cases moving efficiently, and ensures that court judgments hold up under legal scrutiny.
If you’re a landlord, property manager, or legal professional, correctly serving eviction papers helps you avoid delays, prevent disputes, and strengthen your case in court.
That’s where Headley Legal Support Services Inc. comes in. Our certified process servers deliver accurate, timely, and legally compliant service, ensuring your eviction cases stay valid and on track from start to finish. Our experience in Florida landlord–tenant procedures helps you move forward confidently, knowing we handle every step with precision and professionalism.
Want your eviction papers served right the first time? Let’s make it happen.
Contact Headley Legal Support Services today for dependable, professional process serving across Florida, and keep your case moving toward resolution without costly delays.
Related Reading: Florida Eviction Notice Guide: 3-Day, 7-Day & 15-Day Notices Explained for Landlords