After representing thousands of Florida tenants in eviction cases, we have seen the same mistakes happen over and over again. These are not unusual situations. They are the real things real people do when they are scared and confused and do not know what the rules are.

Every mistake on this list has resulted in a tenant losing a case they did not have to lose. Some of these tenants had valid defenses. Some of them had landlords who broke the law. But procedural errors cost them outcomes they deserved.

If you are currently facing an eviction, read this carefully.

This is the most common and most damaging mistake. Tenants receive a summons and complaint and do nothing. Some are too scared to deal with it. Some think the situation will resolve itself. Some believe if they ignore it long enough, it will go away.



It will not go away. Every day you wait, you lose options. After the five-day deadline passes, the landlord can file for a default. After a default, the court can issue a writ of possession directing the sheriff to remove you.

The papers on your table are a legal deadline. Treat them that way.

Many tenants believe that if they explain their situation to the judge in a letter, the eviction will be paused or stopped. This is almost never how it works.

Florida eviction court is procedural. A personal letter is not a legal answer. It does not get entered into the court record as a proper response. It does not stop the deadline from running. And in most cases, it does not reach the judge before a default is entered.

Writing a letter while the deadline passes is one of the most common reasons tenants lose eviction cases they could have won. See our full explanation: Why Writing a Letter to the Judge Usually Will Not Stop a Florida Eviction.

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

Many tenants miss this deadline because:

• They did not know the deadline existed.
• They miscounted the days.
• They were waiting to hear back from their landlord.
• They thought a verbal agreement had paused the case.
• They were trying to gather money and assumed they had more time.

Missing the deadline gives your landlord the ability to get a default judgment without a hearing. Once a default is entered, options become significantly more limited.

In many Florida eviction cases based on nonpayment of rent, tenants who wish to contest the eviction are required to deposit the alleged rent owed into the court registry while the case is pending.

This is a procedural requirement that catches many tenants off guard. Even if you have valid defenses, failing to make the required registry deposit can result in the court striking your answer and entering a default against you.



The amount to be deposited, the timing, and the process vary. An attorney can help you comply correctly and avoid this trap.

Some tenants, upon receiving eviction papers, decide the situation is too stressful and simply move out. They assume that vacating the property means the case is over.

Moving out without a written agreement can actually make things worse. You may still owe money under the lease. The eviction judgment may still be entered in your court record. And an eviction record can affect your ability to rent in the future.

If you are considering leaving, talk to an attorney first. A proper negotiated exit can protect your record and potentially limit your financial exposure.

This happens constantly in our intake calls. A tenant tells us that their landlord said not to worry about the papers, or that they worked something out verbally, or that the landlord promised to dismiss the case once a payment was made.

While the tenant waited for the landlord to follow through, the deadline passed. The default was entered. The case was lost.

Verbal agreements with landlords do not pause court deadlines. They do not stop cases. They do not count for anything in court unless they are in writing and filed with the court. Until you see a written dismissal, the case is still active.

Many tenants finally call an attorney the day before their eviction hearing, or even the day of. By that point, options are extremely limited. There is often not enough time to prepare a proper defense, gather evidence, or address procedural issues that might have been corrected earlier.



The best time to call is immediately after being served. The second best time is right now, whatever stage you are at. But waiting until the last possible moment is one of the most common and damaging things tenants do.

Tenants sometimes believe their landlord does not have a valid legal reason to evict them and therefore the case will be dismissed. They may be right about the law but wrong about procedure.



Even if your landlord made procedural errors, even if the notice was defective, even if you have a strong defense, none of that matters if you do not file a proper response raising those defenses within the deadline. The court will not investigate your case on your behalf.

Your defenses must be raised. They must be raised properly. And they must be raised on time.

Frequently Asked Questions