If you are reading this page, you may already be past the five-day deadline in your Florida eviction case. Or you may be close to the edge and looking for clarity on what happens if you do not make it in time.



Either way, you need real information right now, not general reassurances. Here is what the law says, what actually happens procedurally, and what options may still exist for you.

In Florida residential eviction cases, tenants are required to file a written answer to the eviction complaint within five business days of being served with the summons and complaint.



The word business is critical. Weekends do not count. Court holidays do not count. The five days begin the day after service, not the day you receive the papers.

Here is an example: If you are served on a Monday, your five days are Tuesday, Wednesday, Thursday, Friday, and Monday of the following week (assuming no holidays fall in that window).

Many tenants miscount because they include weekends or start counting from the day they were served rather than the day after.

Once the five-day window closes without a filed answer, your landlord's attorney can file a motion for default with the clerk of court.

The clerk, not the judge, can enter a default immediately in most residential eviction cases. This is called a clerk's default. It does not require a hearing. It does not require any notification to you.

A default judgment means:

• You automatically lose the case.
• You had no hearing.
• Your defenses were never heard.
• The landlord wins by procedural default, not on the merits.
  

After a default judgment, the court issues a writ of possession. This is a court order directing the county sheriff to remove you from the property.

In Florida, after a writ of possession is issued, the sheriff must post a 24-hour notice before physically removing anyone from the property. That 24-hour window is the absolute final deadline for a tenant to vacate voluntarily.

Once the sheriff executes the writ, you and your belongings are removed. The locks are changed. You no longer have legal access to the property.

This depends entirely on where the case is in the process when you contact an attorney. Here is a general breakdown:

If the default has not yet been entered

There may still be time to file a response. Even after the deadline technically passes, if the landlord has not yet moved for default, some courts will accept a late filing. Act immediately.

If the default has been entered but no writ has been issued

There may be grounds to file a motion to set aside the default. Florida courts can set aside defaults in certain circumstances, particularly when the tenant can show excusable neglect and a meritorious defense. This is not guaranteed, but it is a real procedural option.

If the writ has been issued but not yet executed

Options are extremely limited at this stage. Depending on the facts, there may be grounds for an emergency motion. An attorney would need to review the case immediately.

If the writ has already been executed

At this point, removal has occurred. Options shift to post-eviction remedies, potential damages claims if the landlord violated the law, and record considerations.

If you missed the deadline and want to ask the court to set aside the default, you will generally need to show what is called excusable neglect. This means the failure to file was due to circumstances that a reasonable person could not have prevented or controlled.

Examples that courts have considered include:

• Medical emergency that prevented timely action.
• Incorrect information about the deadline provided by court staff.
• Service issues that caused genuine confusion about when the deadline began.

Simply not knowing about the deadline is generally not considered excusable neglect by itself. That is why acting immediately matters. The sooner you contact an attorney after missing a deadline, the stronger your position is likely to be.

Having a valid defense does not automatically undo a default. Courts are procedural. If you did not file a proper response in time, the court generally does not investigate whether your defense would have succeeded.

However, if you have a meritorious defense and can show excusable neglect for missing the deadline, a motion to set aside the default gives you the opportunity to present that defense.

This is one of the most important reasons to contact an attorney immediately, before any more time passes.

Frequently Asked Questions