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. If you don't file your Answer on time, you will lose the case automatically without ever going to court. The Answer usually has two sections: the first section responds to each allegation in the Complaint; the second section is where you can explain your defenses.

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. Admitted. (“yes, this is true”);
2. Denied. (“no, this is not true);
3. Admitted in part, denied in part. (“this is only partially true”); or,
4. Without knowledge, therefore denied. (“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 add "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. The most common affirmative defenses used in eviction cases are listed below. Put any of the defenses that apply to you in Section 2 of your Answer. Make sure you attach any documents that support your defenses to your Answer. 

PROCEDURAL DEFENSES-The eviction paperwork is defective because...

The Plaintiff in the eviction must follow strict rules about the paperwork you receive for eviction. 

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

   

• Defective Notice to Terminate Lease – insufficient specificity for tenant to raise defenses; rent amount owed is 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...

• Landlord waived right to evict--My landlord accepted full payment before filing the eviction.

   

• Landlord waived right to evict--My landlord accepted partial payment during the 3-Day Notice period and did not comply with all requirements of Fla. Stat. §83.56(5).

   

• I withheld my rent due to unmade repairs or unsafe conditions that my landlord has not fixed. I complied with Fla. Stat. §83.60--I notified the landlord in writing specifically stating the repairs needed and letting the landlord know I would be withholding rent if the repairs were not made within 7 days.

   

• The amount owed should be reduced based on my unit's reduced value during period in which landlord failed to make repairs.

   

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

   

• The amount owed is incorrect because it includes fees that are not part of the base rent amount per my lease. (The base rent amount should not include late fees, security deposit amounts, utility fees, etc. unless the lease explicitly states such fees are included as part of the base rent.)

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

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

   

• Retaliation--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

File your completed Answer in-person at the courthouse or electronically using the Florida Courts E-filing Portal. You must deposit your rent into the court registry at the time that you file your Answer. 

IMPORTANT: Failure to deposit your rent into the court registry will result in the judge entering an immediate default against you for eviction. This means you will lose your case without ever going to court.

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” with your Answer so the court can determine the correct amount.

How and where do I deposit my rent?

Payments can typically be deposited by mail or in person 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

George E. Edgecomb Courthouse

800 E. Twiggs St.

Room 101 - Customer Service Center

Tampa, FL 33602

Phone: (813) 272-5894

Hours: Monday - Friday (8 AM - 5 PM)

 

Plant City Courthouse

301 N. Michigan Ave.

Plant City, FL 33563

Phone: (813) 276-8100

Hours: Monday - Friday (8 AM – 5 PM)

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