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How much time do I have to answer an eviction

Brian Korte • May 25, 2021
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Answering an Eviction in Florida: Understand Your 5-Day Deadline

How Much Time Do I Have to Answer an Eviction Lawsuit in Florida?

If you've been served with an eviction lawsuit in Florida, it's critical to act quickly. You have just 5 days to respond to the lawsuit by submitting the following to the court clerk’s office:

  • A written statement in response to the landlord’s Complaint, called the Answer.
  • If you do not agree with the amount of rent the landlord says you owe, a written statement asking the court to decide the amount you must pay, called a Motion to Determine Rent.
  • Payment for the rent you owe (both past due and future rent as it becomes due). After the eviction lawsuit is filed, you must give payments to the court clerk’s office, not your landlord.
  • Proof (receipts, copies) of any rent payments made to your landlord that are claimed in the lawsuit. The proof should be attached to your Answer.

The 5-day period begins at the time the papers are either given directly to you or posted on your door. Importantly, this 5-day period does not include weekends, holidays(when the court clerk’s office is closed), or the day you are served.

For more detailed information about crafting your response, see the article Filing Your Answer to a Complaint (This link should be updated with the actual URL if available).

Crucial Warning: If you do not submit your Answer, file a Motion to Determine Rent(if applicable), or deposit the rent you owe with the court clerk’s office within the 5-day period, your landlord is very likely to win the case by default. If this happens, the judge will order your eviction by issuing a Writ of Possession, which typically gives you only 24 hours to move. After this 24-hour period, your landlord can legally prevent you from entering the property.

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