How can I respond to an eviction notice in Florida?
In Florida, a tenant can raise legal or equitable defenses in a landlord’s eviction lawsuit, including a defense that the landlord materially failed to comply with maintenance duties. For nonpayment cases, a tenant may assert a defense based on the landlord’s material noncompliance if the tenant first gave a written 7-day notice specifying the problem and saying they would not pay because of it. The court will decide any reduction in rent value if that defense succeeds.
If a tenant raises defenses other than payment, the law generally requires the tenant to pay the accrued rent into the court registry or file a motion about the amount within a short statutory period after service of process. Failure to meet that requirement can waive most defenses and allow the landlord to obtain a default judgment for possession.
Current Florida law
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The deadline that matters
If you interpose defenses other than payment, the tenant generally must pay accrued rent into the court registry or file a motion to determine the amount within 5 days (excluding weekends and legal holidays) after service of process.
What Florida law says
The law generally allows tenants to defend against eviction by raising any legal or equitable defense, including that the landlord materially failed to comply with maintenance duties under Fla. Stat. § 83.60. A defense based on material noncompliance may be raised if 7 days have elapsed after the tenant delivered written notice to the landlord specifying the noncompliance and indicating an intention not to pay rent because of it, and the court may determine any rent reduction caused by the landlord’s failure. The statute also provides that when a tenant asserts any defense other than payment, the tenant must pay accrued rent into the court registry or file a motion to determine the amount to be paid within 5 days (excluding weekends and legal holidays) after service of process, or face waiver of defenses and possible immediate default judgment for removal of the tenant, Fla. Stat. § 83.60. Termination and repair-notice rules are addressed in Fla. Stat. § 83.56. Federal protections may apply for certain federally assisted or backed housing programs, see provisions in 15 U.S.C. § 9058 and 42 U.S.C. § 12755.
What to do
A common first step is to check whether you already gave a written 7-day notice to the landlord specifying maintenance problems if you plan to claim landlord noncompliance as a defense.
A common next step is to read the summons and complaint carefully to note the court filing and the statutory requirement about paying rent into the court registry or filing a motion about the amount.
People often gather and keep copies of written notices, repair requests, photos, receipts, and any communications with the landlord to support defenses.
Some tenants frequently contact the court clerk or look up local court rules to learn how to pay rent into the court registry or how to file a motion to determine the registry amount.
If you live in federally assisted or federally backed housing, a common step is to check whether federal tenant-protection provisions apply to your situation before the landlord proceeds.
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Common questions
Can I withhold rent if the landlord fails to make repairs?
Under state law a tenant may raise a defense of material landlord noncompliance when the tenant first gave written 7-day notice specifying the problem and indicating an intention not to pay because of it; the statute directs the court to determine any rent reduction if the defense is proven, see Fla. Stat. § 83.60 and Fla. Stat. § 83.56.
What happens if I raise defenses other than payment in the eviction case?
When a tenant asserts defenses other than payment, the law generally requires the tenant to pay accrued rent into the court registry or file a motion about the amount within 5 days (excluding weekends and legal holidays) after service of process; failure to do so can waive defenses and permit immediate default judgment, see Fla. Stat. § 83.60.
Does federal housing assistance change the eviction process?
Certain federally assisted or federally backed housing programs include additional protections and notice requirements; relevant federal provisions appear in 15 U.S.C. § 9058, 42 U.S.C. § 12755, and 34 U.S.C. § 12491.
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