Florida Tenant Answer to Eviction

Respond to Eviction Lawsuit & Assert Your Defenses

🛡️ Protect Your Rights – Time-Sensitive Document:

If you’ve been served with an eviction lawsuit (Complaint for Eviction), you must file an Answer within 5 days (excluding weekends and holidays) to contest the eviction and raise defenses. Failure to respond may result in a default judgment against you.

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DEADLINE ALERT: You have only 5 days from the date you were served to file this Answer with the court. Count carefully – weekends and legal holidays don’t count. If you miss this deadline, the landlord can request a default judgment.

🏛️ Court Information

County*

Case Number*

👤 Plaintiff (Landlord)

Plaintiff/Landlord Name*

👥 Defendant (You – The Tenant)

Your Full Legal Name*

Your Current Address*

Phone Number*

Email Address

📨 Service Information

Date You Were Served*

Filing Deadline (5 business days)

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How to Count: Start counting the day after you were served. Don’t count weekends or legal holidays. The 5th business day is your deadline to file.

📋 Response to Landlord’s Claims

For each allegation in the landlord’s complaint, indicate whether you admit, deny, or lack knowledge:

Response to claim that you are/were a tenant:

Response to claim of unpaid rent (if applicable):

Response to lease violation claims (if applicable):

Response to claim that proper notice was served:

🛡️ Affirmative Defenses

Select all defenses that apply to your situation. These are reasons why the eviction should not proceed even if the landlord’s basic claims are true:

Improper Notice: Landlord failed to serve proper notice as required by Florida law (wrong type, insufficient time, improper service method).

Rent Was Paid: I paid the rent in full before the eviction was filed (attach proof of payment).

Violation Was Cured: I corrected the lease violation within the 7-day notice period.

Breach of Habitability: Landlord failed to maintain the property in habitable condition (no heat, water, major repairs needed, etc.).

Retaliatory Eviction: This eviction is retaliation for exercising my legal rights (complaining about conditions, joining tenant organization, etc.).

Discrimination: This eviction is based on illegal discrimination (race, color, religion, sex, national origin, familial status, disability).

Waiver: Landlord accepted rent after knowing about the alleged violation, waiving the right to evict based on it.

Security Deposit Violation: Landlord failed to comply with Florida security deposit requirements (§ 83.49).

Other Defense: I have another legal defense (explain below).

Explain Your Defenses in Detail*

💰 Rent Deposit into Court Registry

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Important for Non-Payment Cases: If this eviction is for unpaid rent and you want to raise defenses, Florida law may require you to deposit the rent into the court registry. Ask the court clerk about this requirement.

I intend to deposit rent owed into the court registry as required by Florida law.

Amount of Rent You Acknowledge Owing (if any)

📅 Request for Hearing

I request a hearing before the court to present my defenses and contest this eviction.

I request a jury trial on disputed issues of fact. (Note: Additional jury fees may apply)

✅ Verification & Signature

Under penalties of perjury, I declare that I have read this Answer and the facts stated are true and correct to the best of my knowledge and belief.*

Defendant (Tenant) Signature

Print Name

Signature

Date

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Filing Instructions: (1) Print and sign this Answer. (2) Make 2 copies. (3) File the original with the County Court Clerk. (4) Mail or deliver one copy to the landlord/landlord’s attorney. (5) Keep one copy for your records. There is typically a filing fee (around $50-100).

How to Answer an Eviction Lawsuit in Florida

⚠️ Legal Notice: This information is for educational purposes only and is not legal advice. Consider consulting with a Florida attorney or legal aid organization for help with your eviction case.

Understanding the Eviction Process

When a landlord files an eviction lawsuit (also called a “Complaint for Eviction” or “Unlawful Detainer”), you have the right to respond and defend yourself. The document you file is called an “Answer.” Filing an Answer preserves your right to a hearing where you can present your defenses to a judge.

Critical Deadline: You must file your Answer within 5 business days of being served with the eviction complaint. Weekends and legal holidays don’t count. Missing this deadline could result in a default judgment against you.

What Happens If You Don’t File an Answer?

If you don’t file an Answer within 5 days:

The landlord can ask for a “default judgment”
You lose your chance to present defenses
The court may automatically rule in the landlord’s favor
A Writ of Possession can be issued to remove you

Common Defenses to Eviction in Florida

Improper Notice

The landlord must serve the correct type of notice and give you adequate time to respond. For non-payment, this is a 3-day notice. For lease violations, it’s a 7-day notice. If the notice was defective, this is a valid defense.

Payment Was Made

If you paid the rent before the eviction was filed, and you have proof of payment, this is a complete defense to a non-payment eviction.

Landlord’s Breach of Duties

Under Florida law (§ 83.51), landlords must maintain the property in habitable condition. If the landlord failed to make necessary repairs after proper notice, this may be a defense.

Retaliatory Eviction

Landlords cannot evict tenants in retaliation for exercising legal rights, such as complaining about code violations, joining a tenant organization, or asserting rights under the lease.

Getting Help

If you’re facing eviction, several resources may be able to help:

Legal Aid: Florida has legal aid organizations that provide free assistance to qualifying tenants
Court Self-Help Centers: Many Florida courthouses have self-help centers
Florida Bar Lawyer Referral Service: Can connect you with an attorney
Local tenant rights organizations: May offer advice and resources

🔗 More Florida Landlord-Tenant Laws

Eviction is just one part of Florida’s landlord-tenant framework. Explore the full set of rules that apply to your Florida rental properties:

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Habitability Laws

Landlord repair & maintenance duties

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Security Deposit Laws

Deposit limits, returns & penalties

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Late Fee Laws

Grace periods & fee limits

🚪

Landlord Entry Laws

Notice requirements before entering

📈

Rent Increase Laws

Notice requirements & restrictions

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Lease Termination Laws

How to properly end a tenancy

🔓

Breaking Lease Laws

Early termination & tenant rights

🔍

Tenant Screening Laws

Background check & application rules

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Pet & ESA Laws

Assistance animal rules

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Background Check Rules

FCRA consent & adverse action

⚠️ Legal Disclaimer

This form is provided for informational and educational purposes only and does not constitute legal advice. Eviction defense can be complex, and the specific facts of your case matter. Consider consulting with a qualified Florida attorney or legal aid organization. Court procedures vary by county, and this form may need to be modified to meet local requirements.