How to Respond to a 5-Day Eviction Summons in Florida

To respond to a 5-day eviction summons in Florida, you have five business days from the day after you were served to do one of three things: pay the full amount the landlord claims, file a written Answer with the court and deposit the disputed rent into the court registry, or move out. Miss the deadline and the landlord can get a default judgment without a hearing, and you lose every defense except proof that you already paid.¹

Counting the Five Days

Only business days count. Saturdays, Sundays, and court-observed holidays are excluded, and the count begins the day after you were served, not the day of service.² Served on a Wednesday, you typically have through the following Wednesday. A long weekend can add a day.

The summons itself warns, in bold capital letters, that failure to respond in time can lead to eviction without a hearing or further notice.² Start counting the moment the papers land in your hands.

Option 1: Pay the Full Amount Claimed

The fastest way out is to pay every dollar the landlord lists in the complaint. If the landlord accepts, they can voluntarily dismiss the case. Get a written receipt and written confirmation of dismissal before you consider the matter closed.

Read the complaint carefully. The amount claimed may include late fees or other lease-authorized charges on top of back rent, and paying anything less than the full total won’t stop the case.

Option 2: File an Answer and Deposit the Rent

If you believe the eviction is wrong, you must file a written Answer with the Clerk of Court. The Answer responds to each claim in the complaint (admitting or denying it) and states your legal defenses. The Florida Bar publishes a standardized Answer form for residential evictions that you can use as a template.³

Filing the Answer alone is not enough. This is where most tenants without lawyers lose. If you raise any defense other than “I already paid,” you must also deposit the full amount of rent the landlord claims into the court registry within the same five business days, and continue depositing rent as each month comes due while the case is pending.¹ The clerk generally accepts cash, money orders, cashier’s checks, and checks drawn on an attorney’s trust account; personal checks usually will not be accepted, and the clerk charges a percentage-based fee on the deposited amount.⁴

If you miss the deposit, the statute says you have made an “absolute waiver” of every defense except payment. The landlord becomes entitled to an immediate default judgment and a writ of possession, no hearing.¹ Even a strong habitability defense disappears if the money isn’t with the clerk on time.

If You Disagree With the Amount

When the complaint lists the wrong rent (a month already paid, inflated charges, unauthorized fees), file a Motion to Determine Rent alongside your Answer. This asks the judge to hold a hearing and set the correct deposit amount.¹ Attach documentation: the lease showing the actual rent, receipts, bank statements showing cleared payments. A bare assertion won’t do. Filing the motion within the five-day window preserves your defenses even without depositing the full disputed amount, but deposit whatever you agree you owe to show good faith.

Tenants receiving public housing assistance or rent subsidies only need to deposit the portion of rent they are personally responsible for, not the full contract rent.¹

Defenses You Can Raise in the Answer

Florida law lets tenants raise any legal or equitable defense to a nonpayment eviction.¹ The ones that most often matter:

Payment already made. The strongest defense, and the only one that survives a missed rent deposit. Bring receipts, bank records, cleared-check images.
Defective 3-day notice. Before filing suit for unpaid rent, the landlord must serve a written notice giving three business days to pay or vacate. Wrong amount, wrong delivery, or a short count is a real defense. Dig out the notice you received and check the date, the dollar figure, and how it was delivered.⁵
Landlord’s failure to maintain the property. If you gave the landlord written notice of a serious problem (no hot water, broken plumbing, structural issues, pests) and seven days passed with no fix, that failure is a complete defense to a nonpayment eviction, and the court can also reduce your rent for the period the problem went unrepaired. The written notice must have come before you withheld rent; withholding first and complaining later doesn’t qualify.⁶¹
Retaliation. A landlord cannot evict you for complaining to a code enforcement agency, participating in a tenant organization, or exercising fair housing rights. The defense fails if the landlord can show a legitimate reason like genuine nonpayment or a lease violation.⁷
Discrimination. Federal fair housing law prohibits evictions motivated by race, color, religion, sex, national origin, familial status, or disability. If you have a disability and need a change to a rule or policy to remain in your housing, requesting a reasonable accommodation can serve as a defense.⁸

Where and How to File

File your Answer, any motions, and your rent deposit with the Clerk of Court in the county where the lawsuit was filed. Florida courts accept documents electronically through the Florida Courts E-Filing Portal, so you don’t have to appear in person.⁹ If you file at the courthouse, bring the originals plus a copy for yourself, and have the clerk stamp the copy with the filing date.

After filing, send a copy of everything to the landlord or their attorney. Regular U.S. mail is enough; hand delivery works too. Keep proof (a certificate of service or mailing receipt). Skipping this step won’t void your filing but will slow the case.

Once the Answer is on file and the rent is deposited, the court will schedule mediation or a hearing. Bring your lease, rent receipts, photos of any property conditions, copies of written complaints you sent the landlord, and the 3-day notice.

Option 3: Move Out Within the Five Days

Leaving voluntarily ends the fight over possession, but it does not end the money claim. The landlord can convert the case into a civil suit for unpaid rent, late fees, and damage beyond normal wear. A money judgment can lead to wage garnishment.

If you’re leaving anyway, try to negotiate a written settlement, perhaps a payment plan in exchange for the landlord dropping any money claim and giving you a clean turnover. Get every term in writing before you hand over the keys.

What Happens If You Do Nothing

If five business days pass with no filing and no payment, the landlord moves for default. The court enters a default judgment for eviction without a hearing.¹ The clerk issues a Writ of Possession, and the county sheriff posts a 24-hour notice on your door. That 24-hour clock runs continuously; weekends and holidays do not pause it. When the sheriff returns, the landlord or their agent can change the locks and move your belongings to or near the property line. Neither the sheriff nor the landlord is liable for loss or damage to that property once it has been moved out.¹⁰

Get Help the Same Day

The five-day clock does not stop while you look for a lawyer. If you cannot afford one, Florida legal aid organizations handle eviction cases for low-income tenants in most counties. The statewide Eviction Prevention Line is 888-780-0443, and the Florida Courts system offers an online eviction help tool that walks you through preparing response documents. Legal aid offices typically need a day or two to review a case and prepare filings, so call the same day you’re served.

1
Justia Law. Florida Code 83.60 – Defenses to Action for Rent or Possession; Procedure
2
The Florida Bar. Form 7 Summons – Eviction Claim
3
The Florida Bar. Florida Rules of Civil Procedure Form 1.947(b) – Answer Residential Eviction
4
Citrus County Clerk of Courts. Answer by the Tenant
5
Justia Law. Florida Code 83.56 – Termination of Rental Agreement
6
Justia Law. Florida Code 83.51 – Landlord’s Obligation to Maintain Premises
7
Justia Law. Florida Code 83.64 – Retaliatory Conduct
8
Office of the Law Revision Counsel. 42 USC 3604 – Discrimination in the Sale or Rental of Housing and Other Prohibited Practices
9
Florida Courts E-Filing Portal. File Court Documents Online
10
Florida Senate. Florida Code 83.62 – Restoration of Possession to Landlord