What to Expect at Eviction Court as a Renter in Florida

If you’re facing an eviction in Florida, understanding what happens in eviction court can help reduce stress and confusion. Florida’s eviction process has specific steps and timelines that renters need to know. This guide covers what to expect in court, how to respond, and resources for support.

Overview: Florida Eviction Court Process for Renters

When a Florida landlord starts an eviction, it means they are asking a court to legally remove a tenant from a rental property. Eviction cases are officially handled by Florida’s county courts. The main law is the Florida Residential Landlord and Tenant Act (F.S. Chapter 83)^[1].

• Most evictions begin with a written notice to the tenant.
• If the tenant does not move out or fix the issue, the landlord files a lawsuit ("complaint") with the county court.
• The tenant receives a summons from the court with instructions on how to respond.
• There is a short deadline (typically five days) to formally respond in writing.
• A court hearing or trial is scheduled if the case moves forward.

A judge will hear both sides. If the court decides in favor of the landlord, it will issue a "final judgment of eviction." A sheriff then serves a writ of possession (an order to move out).

Key Documents and Official Forms in Florida Eviction Cases

1. Three-Day Notice to Pay Rent or Vacate

• Use: Landlords provide this form when rent is overdue. It gives tenants three days (excluding weekends and holidays) to pay rent or move out.
• What tenants do: Pay the full rent or leave the rental property within that timeframe.
• Official Sample Notice (Florida Courts)

2. Summons and Complaint for Eviction (Form 1.924)

• Use: After the deadline passes, landlords file a complaint with the court. The summons notifies tenants of the lawsuit.
• What tenants do: Read carefully and file a written response ("answer") within five days of receiving it—do not ignore!
• Form 1.924 – Eviction Summons (Florida State Courts)

3. Tenant’s Answer (Response to Eviction)

• Use: Tenants use this to reply to the eviction complaint. There is no specific statewide form, but many courts provide templates.
• Action: Explain your side, raise any defenses (such as payment already made or improper notice).
• Eviction Answer Templates from Florida Courts

4. Motion to Determine Rent

• Use: If you disagree with the amount of rent owed and cannot pay the disputed amount into the court registry, you may file this motion.
• Action: File promptly, as failure to deposit rent could lead to judgment against you.
• Form 1.961 – Motion to Determine Rent

5. Writ of Possession

• Use: If the court grants the eviction, the landlord requests the sheriff to serve this document. It usually gives 24 hours to leave.
• Florida Courts: Writ of Possession Information

Filing the correct forms and responding on time is critical in Florida eviction court. Missing deadlines or not responding could result in an automatic eviction (default judgment).

What Happens at the Florida Eviction Hearing?

The hearing is usually quick. Both sides present their evidence. Bring documents such as:

• Leasing agreement and payment receipts
• Photos or written communication about repairs or payment
• Any proof that could support your side (for example, your answer form or motion)

The judge may decide immediately, or sometimes within a few days. If judgment is for the landlord, a writ of possession follows. If for the tenant, you can remain in your home.

Tenant Actions: Steps to Take If You Receive an Eviction Lawsuit

Acting quickly helps protect your rights. Here’s a summary of what to do if you’re served:

• Read the summons and complaint immediately.
• Prepare and file your written answer with the court within five days.
• Deposit any disputed rent into the court registry if instructed.
• Gather documentation and prepare for your hearing.
• Consider contacting legal aid or a tenant resource for help.

Florida Tribunals and Laws That Protect Renters

Residential eviction cases are handled by the Florida State Courts system, mainly through county courts. For official Florida rental rights, see the Florida Residential Landlord and Tenant Act.^[1]

Frequently Asked Questions: Florida Eviction Court

1. How much time do I have to respond to an eviction summons in Florida?
   Tenants generally have five days (not including weekends or holidays) to file a written answer with the county court.
2. What happens if I don’t respond to the eviction complaint?
   If you do not respond by the deadline, the court may issue a default judgment against you, leading to a quick eviction.
3. Can I stop an eviction by paying my overdue rent?
   Often yes, if you pay before the case goes to court and the problem is just unpaid rent. If it’s for another reason, it may depend on the situation.
4. Do I have the right to legal representation in Florida eviction court?
   Yes, tenants can hire a lawyer or seek help from legal aid services in Florida eviction proceedings.
5. Who enforces evictions after a court order in Florida?
   The county sheriff's office enforces writs of possession issued after a court judgment.

Key Takeaways for Renters Facing Eviction Court in Florida

• Always read eviction papers carefully—act within five days to protect your rights.
• Use court-provided forms and respond on time; gather supporting evidence.
• Contact free legal help or your local court for guidance.

Need Help? Resources for Renters in Florida

• Florida State Courts – Find your local county court and forms.
• Florida Residential Landlord and Tenant Act – Official legislation for rental rights.
• Florida Law Help – Free guides and legal aid resources.
• Florida Attorney General: Landlord/Tenant Rights – Information on eviction and rental law.
• Florida County Clerk Directory – Where to file forms and get case info.

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^[1] See the Florida Residential Landlord and Tenant Act (Florida Statutes Chapter 83) for full legal details.

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