How do I fight an eviction in Florida?

When does the eviction process start?

When your rent is past due, the eviction process starts when the landlord gives you a 3-Day Notice to Terminate. The 3-Day Notice must state: 

1. The total amount you owe for rent;
2. That you must pay or move out within 3 days; and
3. The date you must pay or move out.

IMPORTANT: When counting the 3 days until you have to pay or move out, do not include: 

1. The day you received the Notice;
2. The weekend (Saturdays and Sundays); or,
3. Legal holidays. 

Example: If you got the 3-Day Notice on Friday, 8/29/2025, then you have until Thursday, 9/4/2025 to pay or move out because we do not count: 

• the day you receive the Notice (Friday, 8/29),
• the weekend (Saturday, 8/30 and Sunday, 9/1), or;
• the legal holiday, (Labor Day–Monday, 9/1).

How do I fight an eviction?

If you do not pay the rent owed by the deadline in the 3-Day Notice, your landlord can file for an eviction. When your landlord files an eviction lawsuit against you, you will receive:

1. A Summons–papers that tell you that you’ve been sued; when and how to respond; and what happens if you don’t respond;
2. A Complaint for Eviction–papers that tell you the landlord’s reasons for evicting you. 

The Complaint is just one side of the story. Your story matters too, and you have the right to tell it to a judge. Here’s how you fight the Eviction in court:

Step 1: Write Your Answer

You have 5 days from the date you are served with the Complaint to file your Answer. Failure to file by the deadline will result in an automatic default judgment. Get started now–download your Answer form and complete it using the following guide.

Section 1 of Answer: Response to Allegations

The numbered paragraphs in the Complaint are the landlord’s  “allegations” against you, stating the reasons for eviction. Respond to each allegation in Section 1 of your Answer using one of the following:

1. Admit. (“yes, this is true”);
2. Deny. (“no, this is not true);
3. Admit in part, deny in part. (“this is only partially true”); or,
4. Without knowledge, therefore deny. (“I can’t say this is true or not because I don’t have personal knowledge of the facts in this allegation”).

When you need to explain why you denied an allegation, you can say "See Affirmative Defenses below". 

Section 2 of Answer: Affirmative Defenses

An “affirmative defense” is a legal reason the landlord should not win, even if some of what they said is true. In Section 2 of your Answer, list and explain the defenses that apply to you. The most common defenses are listed here in three groups.

PROCEDURAL DEFENSES-The eviction papers are defective because...

• Defective Complaint – names wrong Plaintiff or filed by wrong party on behalf of a corporation, business, or LLC Plaintiff; missing required attachments (lease and eviction notice) or property owner’s authorization.

   

• Defective 3-Day Notice to Terminate Lease – insufficient specificity for tenant to raise defenses; rent amount owed incorrect; incorrect Notice expiration date; missing landlord’s address and phone; missing delivery method and date.

PAYMENT DEFENSES–The rent amount my landlord claims I owe is wrong because...

• My landlord accepted full payment accepted before case filed (right to file eviction waived).

   

• My landlord accepted partial payment before case filed and landlord did not comply with Fla. Stat. (§83.56(5) (right to file eviction waived).

   

• I withheld part of my rent in compliance with Fla. Stat. §83.60 due to unmade repairs or unsafe conditions that my landlord has not fixed.

   

• The amount owed should be reduced based on my unit's reduced value during repair period. 

   

• My landlord refused to accept my rent payment during the 3-Day Notice period.

EQUITABLE DEFENSES-The landlord's underlying reason for evicting me is unlawful because...

• My landlord is evicting me because of my: race, color, religion, sex, disability, family status, or national origin.

   

• My landlord is punishing me for asserting my rights (like requesting repairs or reporting violations).

   

• My landlord is acting in bad faith by filing eviction instead of trying other options (payment plan, mediation, etc.).

   

• My landlord is acting in bad faith by ignoring my lease protections against eviction or acting contrary to lease terms.

Step 2: File your Answer and deposit rent into the court registry

You have 5 DAYS to file your Answer after you’ve been served with the Eviction Complaint. Your rent must be deposited into the court registry at the time that you file your Answer. Additionally, you must keep depositing your rent on the rent due date until the case is closed.

IMPORTANT: Failure to deposit your rent into the court registry will result in the judge entering an immediate default against you for eviction.

Full Deposit

You are only required to deposit the full amount of rent owed into the court registry if you agree with the amount owed. Public housing or rent-subsidized tenants only need to deposit the portion of rent they are personally responsible for under their housing program. 

Partial Deposit

Never deposit the full amount into the court registry if you disagree with the amount owed. (Only deposit the amount you believe is owed, if any.) You must file a “Motion to Determine Rent” so the court can determine the correct amount.

How and where do I deposit my rent?

Payments can typically be deposited in person or by mail at your local courthouse. Always contact your local court clerk’s office to confirm information regarding the registry requirements, including mandatory fees.

Hillsborough County Courthouse Locations

Brandon Regional Service Center 

311 Pauls Drive

Brandon, FL 33511

 

George E. Edgecomb Courthouse

800 E. Twiggs St.

Tampa, FL 33602

 

Plant City Courthouse

301 N. Michigan Ave.

Plant City, FL 33563

Pasco Courthouse Locations

Robert D. Sumner Judicial Center

38053 Live Oak Avenue, Suite 205
Dade City, FL 33523-3805

Phone: (352) 521-4542, option 3
Toll Free: (800) 368-2411, ext. 4542

West Pasco Judicial Center

7530 Little Road, Suite 105
New Port Richey, FL 34654-5598

Mailing Address

P.O. Box 338
New Port Richey, FL 34656-0338

Phone: (727) 847-8031, option 3
Toll Free: (800) 368-2411, ext. 8031

Pinellas County Courthouse Locations

Clearwater Courthouse

315 Court St. 

Clearwater, FL 33756

(727) 464-7000 

 

Pinellas County Justice Center

14250 49th St. N. Clearwater, FL 33762 

(727) 464-7000 

 

North County Branch

29582 U.S. 19 N. 

Clearwater, FL 33761 

(727) 464-7000 

 

Tyrone Branch

1800 66th St. N. 

St. Petersburg, FL 33710 

(727) 464-7000 

 

St. Petersburg Branch

545 First Ave. N. St. Petersburg, FL 33701 

(727) 464-7000 

 

Records Management- Clearwater Branch 

509 East Ave. S. Clearwater, FL 33756 

(727) 464-7000 

 

Records Management- Midcounty Branch 

14155 49th St. N. Clearwater, FL 33762 

(727) 464-7000

How do I write a Motion to Determine Rent?

A Motion to Determine Rent tells the court that you disagree with the amount of rent you owe and you want the judge to decide the correct amount. Click here to download a Motion to Determine Rent, and follow these steps to complete it.

Step 1: Explain why the rent amount is wrong

1. Payment. You already paid the full rent amount owed.

    

2. Reduce rent for poor conditions. Your landlord has not made repairs required by law or kept the home in a safe, livable condition. The court should reduce the rent based on how much the home’s value dropped while the problems weren’t fixed.

    

3. Rent amount includes improper fees. Base rent should only include the regular amount you pay for living in the home. Your lease may include other things in the base rent, but it should not include late fees or other charges.

Step 2: Attach your evidence

Payment

• Copies of rent receipts
• Copies of other written communication (emails, texts, etc.) related to the payment

Reduce rent for poor conditions

• Photos of the conditions
• Copy of the 7-Day Notice to Withthold Rent
• Copies of your maintenance requests
• Copies of other written communication (emails, texts, etc.) related to the maintenance requests

Rent amount includes improper fees

• Copy of your lease
• Copies of other written communication (emails, texts, etc.) related to the fees

Last revised by Bay Area Legal Services attorneys: October 17, 2025