How to Respond to an Eviction Notice in Florida
Getting served is frightening, and the clock is real. But the single most common reason tenants lose is the simplest one: they never respond, so the court rules against them automatically. You are not there yet. In Florida you can still answer, get a hearing, and tell your side. Here is the order to do it in — and the one step you should not put off.
⚠️ Confirm your deadline with your court before you rely on any date — including ours.
Eviction dates are short and are counted differently depending on how you were served and your local court's rules. This is self-help information, not legal advice, and DepositHawk is not a law firm. If you can, contact free local legal aid or the Legal Services Corporation today.
Want this laid out for your case, step by step?
The Eviction Response Kit walks you through your Florida deadline (as a reference to confirm with your court), the filing steps, and a link to your court's own official form — so you can respond the same day. It is self-help information and tools, not legal advice, and we never file for you.
See the Florida Eviction Response Kit•The Clock
Your Response Window in Florida
In Florida, a tenant generally has 5 court days (weekends and court holidays do not count) to respond to an eviction after service of the summons and eviction complaint (for possession). Treat that as a general guide, not your personal countdown — service method and local rules can change it.
The clock generally starts from service of the summons and eviction complaint (for possession). We show this window so you understand roughly how much time you have — but it is a general guide, not a countdown to bet your home on. Read your own papers and call the court to pin down the exact date.
Why you have to verify: Florida eviction uses the 'summary procedure' of § 51.011, which sets the answer deadline at 5 DAYS after service of process. Per the official court instructions and § 51.011 practice, the 5 days EXCLUDE the day of service, Saturdays, Sundays, and legal holidays — encoded as basis 'court' (business days). CRITICAL NUANCE: the 5-day clock applies to the POSSESSION count of the complaint; if the landlord also sues for unpaid rent/damages, the answer to the DAMAGES count is on the ordinary 20-day clock — do not conflate them. Also note Florida's separate § 83.60(2) requirement to DEPOSIT the rent into the court registry to contest a nonpayment eviction; failing to deposit can result in a default even if an answer is filed. The user MUST confirm both the 5-day answer date AND any rent-deposit requirement with the clerk of court on their papers.
Sources: Fla. Stat. § 51.011 (summary procedure); Fla. Stat. § 83.59 (right of action for possession); Florida Courts: Landlord/Tenant forms & instructions (eviction)
•The Notice
The Notice You Received — What It Usually Means in Florida
A landlord usually has to serve a written notice before filing in court. The type of notice and the time it gives you depend on why they are evicting. These are the common Florida notices — for your information, not advice on your specific case.
3-Day Notice to Pay Rent or Quit(3 court days (weekends and court holidays do not count))
Served when the tenant is behind on rent. The tenant can pay the full amount of rent demanded within the period to stop the eviction.
7-Day Notice to Cure(7 calendar days (every day counts))
Served for a curable lease violation other than nonpayment (e.g., an unauthorized pet or unapproved occupant). The tenant has 7 days to correct the violation; if the same conduct recurs within 12 months, the landlord may instead use an unconditional notice.
7-Day Notice to Quit (no cure)(7 calendar days (every day counts))
Served for serious or repeated noncompliance the tenant cannot fix — e.g., intentional destruction of property, or a repeat of a violation that was cured within the prior 12 months. The tenant must vacate within 7 days.
•The Response
Filing Your Response in Florida, Step by Step
- Read your court papers carefully. Find the court name, your case number, and the date you must respond by or appear. In Florida, eviction cases are heard in the County Court in the county where the property is located.
- Call the clerk and confirm your deadline today. Confirm the exact date and ask the clerk how they want your response submitted. This is the single most important step — do not put it off, because the rest only matters if you make the deadline.
- File your answer in writing. Florida has an official answer form (Florida Supreme Court Approved Family/Residential — Answer (eviction instructions Form 5)). Get it from the court, fill it out with your own facts, and file it with the clerk before your deadline.
- Keep proof that you filed. Get a stamped copy or a clerk's confirmation, and keep one for yourself. If you mail or e-file anything, save the confirmation. Proof that you responded on time is what protects you from losing by default.
•The Form
Use Florida's Official Answer Form
Florida provides an official eviction answer form (Florida Supreme Court Approved Family/Residential — Answer (eviction instructions Form 5)); the tenant fills it out and files it with the County Court in the county where the property is located.
We send you to the court's own source rather than drafting a court document for you — your facts and your decisions stay yours. Open the official page below, then file with the County Court in the county where the property is located.
Open the official Florida court page →Fighting your landlord over a withheld deposit too? How to take your Florida landlord to small claims court →
Need a lawyer instead of self-help? Find free local legal aid at LawHelp.org →
●Frequently Asked Questions
Frequently Asked Questions
How long do I have to respond to an eviction notice in Florida?
In Florida you generally have 5 court days (weekends and court holidays do not count) to respond after service of the summons and eviction complaint (for possession), under Fla. Stat. § 51.011 (summary procedure). That is a general guide, not your personal countdown: how you were served, weekends, court holidays, and local rules all change the real date. Confirm it with the court named on your papers before you rely on it.
Which court handles my eviction in Florida?
In Florida, eviction cases are heard in the County Court in the county where the property is located. The court name and your case number are printed on the papers you were served — that is the court whose clerk you call to confirm your deadline and ask how to file your response.
Is there an official form to answer an eviction in Florida?
Florida has an official answer form — Florida Supreme Court Approved Family/Residential — Answer (eviction instructions Form 5). You get it from the court, fill it in with your own facts, and file it with the clerk. You do not need us to draft a court document, and we do not.
What happens if I do nothing after being served?
Doing nothing is the most common way tenants lose. If you do not respond or appear by your deadline, the court can rule against you by default — meaning the landlord wins automatically, without you ever telling your side. Responding on time turns an automatic loss into a hearing where a judge actually hears you out.
Can DepositHawk give me legal advice or file my response for me?
No. DepositHawk is a self-help publisher, not a law firm. We explain the general process and point you to your court's own form, but we do not tell you which defense your case should raise, fill out your court papers, or file or appear for you. For advice on your specific situation, contact free legal aid at LawHelp.org or the Legal Services Corporation — and confirm every date with your court.
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DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation.