If you are facing an eviction in Florida, you probably have a lot of questions. Here are answers to the most common ones we hear from tenants. If your specific situation is not covered here, call us directly at (561) 228-6200 for a free consultation.

What is a 3-day notice in Florida?

A 3-day notice is a written notice from your landlord that gives you three days to either pay past-due rent or vacate the property. It is a required pre-lawsuit step before a landlord can file an eviction lawsuit based on nonpayment of rent in Florida.

Do weekends count in the 3-day notice period?

No. Under Florida law, the three days in a 3-day notice are business days. Weekends and legal holidays do not count. The notice must also be properly served, and the first day of the notice period is the day after service.

What if the 3-day notice has errors in it?

A defective 3-day notice may be grounds to challenge the eviction. Common errors include the wrong rent amount, failure to specify where payment must be made, and improper service. An attorney can review your notice for defects.

Do I have to move out when I get a 3-day notice?

No. A 3-day notice is not an eviction order. You are not required to move out just because you received one. Your landlord must still file a lawsuit in court and go through the full eviction process before you can be removed from the property.

What if I pay part of the rent during the 3-day notice period?

Generally, the notice requires full payment of the stated amount. Partial payment may not satisfy the notice and the landlord may still be able to proceed with the eviction. However, accepting partial payment can sometimes complicate the landlord's case. An attorney can advise you based on your specific facts.

What happens after a landlord files an eviction lawsuit?

After filing, the court issues a summons and complaint, which is served on the tenant. The tenant then has five business days to file a written answer contesting the eviction. If no answer is filed, the landlord can seek a default judgment.

What is a summons in an eviction case?

A summons is the official court document notifying you that a lawsuit has been filed against you. Together with the complaint, it sets out the landlord's legal claims and the deadline for you to respond.

How long do I have to respond after being served?

In most Florida residential eviction cases, tenants have five business days from the date of service to file a written answer with the court. Weekends and holidays do not count.

What is a written answer?

A written answer is a legal document filed with the clerk of court that responds to the specific claims in the landlord's complaint. It may admit or deny individual allegations and may raise legal defenses.

What if I cannot afford an attorney?

Some legal aid organizations in Florida provide free or low-cost assistance in eviction cases. You should also contact a private attorney as soon as possible to understand your options. Many tenants in eviction cases find that the cost of an attorney is justified by the value of the housing they are trying to protect.

What is the court registry in a Florida eviction case?

The court registry is an account held by the clerk of court where rent money can be deposited while an eviction case is pending. In many nonpayment eviction cases, tenants who wish to contest the eviction are required to deposit rent into the registry.

Am I required to deposit rent into the court registry?

In many cases based on nonpayment, yes. If you intend to contest the eviction, you may be required to deposit the amount alleged in the complaint into the registry. Failure to do so can result in the court striking your answer and entering a default.

What happens if I deposit the wrong amount?

Depositing the wrong amount may not satisfy the registry requirement. An attorney can help you determine the correct amount and ensure the deposit is made properly.

Does depositing money into the registry mean I am paying the landlord?

No. Money deposited into the court registry is held by the court while the case is pending. It is not paid to the landlord until the court orders it. If you win, the money may be returned to you.

What is a default judgment in an eviction case?

A default judgment is entered when a tenant fails to file a timely written answer. It means the tenant automatically loses the case without a hearing. The landlord wins by procedural default.

How quickly can a default be entered?

In Florida residential eviction cases, the clerk of court can enter a default immediately after the five-day deadline passes if the tenant has not filed a response. This is called a clerk's default and does not require a hearing or judicial review.

Can a default judgment be reversed?

In some cases, yes. A motion to set aside default can be filed if the tenant can show excusable neglect for missing the deadline and a meritorious defense to the eviction. This is not guaranteed, and the sooner you act after a default is entered, the better your chances.

What is a writ of possession?

A writ of possession is a court order directing the county sheriff to remove the tenant from the property. It is issued after a judgment for possession is entered in the landlord's favor.

What happens after a writ of possession is issued?

The sheriff posts a 24-hour notice on the property. After 24 hours, if the tenant has not vacated, the sheriff can return and physically remove the tenant and their belongings. The locks are then changed.

Can I stop a writ of possession from being executed?

In limited circumstances and very short timeframes, there may be emergency legal options available. Contact an attorney immediately if a writ has been issued.

What are common defenses to eviction in Florida?

Common defenses include: defective or improperly served notice, acceptance of rent after the notice was served, retaliatory eviction, discriminatory eviction, habitability violations, and improper calculation of amounts owed in the notice.

What is a retaliatory eviction?

A retaliatory eviction occurs when a landlord files for eviction in response to a tenant exercising a legal right, such as complaining to a government agency about housing conditions or organizing with other tenants. Florida law prohibits retaliatory evictions.

What is a defective notice?

A defective notice is a 3-day notice or other pre-lawsuit notice that fails to comply with Florida's legal requirements. Examples include incorrect rent amounts, failure to specify where payment must be made, and improper service. A defective notice may be grounds to dismiss or delay the eviction.

Can I raise habitability as a defense?

Yes. If your landlord has failed to maintain the property in a safe and habitable condition as required by Florida law, this may support a defense or counterclaim in an eviction case. Documentation of the conditions and your communications with the landlord is important.

Will an eviction case show up on my record?

Eviction filings are public court records in Florida. Even if you win the case or it is dismissed, the filing itself may appear in tenant screening reports. This is one reason why fighting an eviction properly, rather than simply vacating, can be important for your future housing.

Can I get an eviction record expunged in Florida?

Florida law does not provide for expungement of civil court records, including eviction filings, in the same way criminal records can be sealed or expunged. However, a case that was dismissed or decided in your favor may be treated differently by landlords and screening services than one that resulted in a judgment against you.

Can my landlord change the locks while the eviction is pending?

No. Florida law prohibits self-help evictions. A landlord cannot change the locks, remove your belongings, or take any action to physically force you out of the property before obtaining a court order and having the sheriff execute a writ of possession. If your landlord has done this, you may have a claim for damages.

Can my landlord shut off my utilities to force me to leave?

No. Shutting off utilities as a means of forcing a tenant to vacate is an illegal self-help eviction under Florida law. You may be entitled to damages, including actual damages, additional damages, and attorney's fees.