When Florida Tenants Fight Back: What Happens in a Contested Eviction?

Tenants in Florida have the right to contest an eviction, and when they do, it can significantly complicate the process for landlords. Even strong cases can stall if landlords aren’t prepared to respond to legal defenses or procedural objections. Knowing what happens during a contested eviction helps reduce delays and protect your position.

In this guide, we explain how these cases unfold, what landlords should expect in court, and how legal counsel helps you stay in control. If you’re facing tenant opposition, our attorneys can help you assert your rights while staying fully compliant with Florida law.

What Makes an Eviction Contested in Florida?

An eviction becomes contested when the tenant files a response to the lawsuit, often raising legal defenses or factual disputes. This triggers a hearing and prevents a default judgment from being entered automatically. Once contested, the court treats the case as a formal legal dispute.

You’ll need to present evidence, follow procedural rules, and respond to the tenant’s claims. These cases often involve more paperwork and additional court appearances.

Key signs a case is contested:

• Tenant files an “Answer” within 5 business days

• Counterclaims or defenses are included in the response

• Court schedules a hearing or mediation

• Tenant deposits rent into the court registry

• Additional motions or discovery requests follow

Common Legal Defenses Tenants Use in Florida Eviction Cases

Tenants have the right to raise any valid legal defense to try and stay in the property. These defenses may or may not succeed, but they force the court to evaluate the claim. Some defenses are procedural, while others relate to lease terms or property conditions.

It’s critical to understand which defenses may apply to your case and how to counter them effectively. We help landlords respond promptly and persuasively in court.

Examples of common tenant defenses:

• Improper or defective notice

• Payment made but not acknowledged

• Retaliation for repair requests or complaints

• Unsafe or uninhabitable housing conditions

• Lease ambiguities or unauthorized charges

What Happens After the Tenant Files a Response

Once the tenant answers the complaint, the eviction process becomes more complex. The court will set a hearing date to hear both sides. If the tenant raises new claims, the landlord may need to respond in writing or provide additional documentation.

Contested evictions often involve back-and-forth motions or discovery requests. Our team manages the process and prepares you for any potential court appearance.

After a tenant files a response:

• The case is removed from the default judgment process

• The court schedules a hearing

• You may receive requests for documents or testimony

• Mediation may be required in some counties

• The court may issue deadlines for further submissions

How Contested Cases Affect Eviction Timelines

A typical uncontested eviction might take 3 to 6 weeks in Florida. A contested case can double or triple that timeframe depending on the complexity. Each motion or defense adds time, and the court may delay rulings to allow for hearings or mediation.

These delays increase the landlord’s carrying costs and limit your ability to re-rent the unit. Our goal is to resolve contested cases as quickly and favorably as possible.

Timelines may be extended by:

• Scheduling constraints in county courts

• Time allowed for discovery or evidence submission

• Tenant’s motions to continue or appeal

• Back-and-forth between parties on settlement terms

• Delays in issuing or executing writs of possession

Role of Evidence in Florida Eviction Disputes

In a contested case, evidence becomes the deciding factor. You’ll need to prove that you followed the proper steps, complied with lease terms, and did not retaliate or violate tenant rights. Documentation must be organized and admissible.

We prepare and present the evidence needed to support your case and counter the tenant’s arguments.

Strong evidence includes:

• Lease agreements and addenda

• Eviction notices and service records

• Payment ledgers and rent demands

• Communication logs with the tenant

• Photos or videos of property conditions

Can Tenants Win in Contested Evictions?

Tenants can succeed in contested evictions if the landlord’s case has flaws, or if a valid legal defense is upheld. Success does not always mean permanent possession—it may mean more time to vacate or reduced liability. In some cases, tenants avoid eviction entirely, especially if landlords cannot meet court standards.

Our team helps minimize this risk by identifying and addressing weaknesses before the case reaches court.

Tenants are more likely to succeed if:

• Notice was defective or served improperly

• Repairs were never made after written requests

• Lease terms are ambiguous or inconsistent

• Retaliation can be reasonably proven

• Landlord did not comply with fair housing laws

Mediation Requirements and Negotiation Options

Some Florida counties require mediation before a hearing is held in contested cases. Mediation is an opportunity to reach an agreement and avoid trial, but landlords must be cautious about what they accept. Agreements should be legally binding and enforceable.

We represent landlords in mediation, negotiate firm terms, and ensure all outcomes are properly documented.

When approaching mediation:

• Know your lowest acceptable outcome

• Don’t agree to unclear or verbal deals

• Use legal counsel to draft any resolution

• Confirm deadlines and payment terms in writing

• Be prepared to move forward if mediation fails

Final Judgments and Post-Trial Steps

If the court rules in your favor, it will issue a final judgment for possession. From there, you can request the writ of possession and coordinate with the sheriff for enforcement. If the tenant wins, you may have to dismiss the case or respond to further litigation.

We assist with both outcomes—enforcing judgments or appealing unfavorable rulings when appropriate.

After a judgment:

• Request writ of possession within required time

• Pay sheriff fees to schedule removal

• Document all follow-up actions

• File for damages if approved by the court

• Discuss appeal options if needed

Contested Florida Evictions: Frequently Asked Questions

What qualifies as a contested eviction in Florida?

An eviction is considered contested when the tenant files a written response, usually called an “Answer,” with the court within five business days of being served. This response might deny the allegations or present legal defenses, which prevents an automatic judgment in favor of the landlord. Once contested, the court schedules a hearing to resolve the dispute. These cases follow more formal litigation procedures than uncontested evictions.

Can a tenant delay an eviction just by responding?

Filing a response doesn’t automatically block an eviction but does extend the process. The court must now review both sides, which usually includes a hearing and additional filings. This can delay resolution by weeks or more, depending on the complexity of the tenant’s defense. With legal support, landlords can limit these delays and maintain control over the case.

What if the tenant lies in their defense?

Tenants may present defenses that you believe are false or exaggerated, but the court must evaluate the claims fairly. It’s essential to counter those allegations with documentation, witnesses, or other admissible evidence. Without a strong rebuttal, even inaccurate claims could affect the outcome. Legal representation ensures the court hears your side clearly and accurately.

How long do contested evictions take in Florida?

While an uncontested eviction may take 3–6 weeks, a contested case often takes 2–3 months or more. The timeline depends on court availability, whether mediation is required, and how complex the tenant’s claims are. Landlords should prepare for delays and build strong evidence early to reduce extensions. Our team works to keep timelines tight while preserving your legal rights.

Can a landlord settle with the tenant outside of court?

Yes, landlords and tenants can reach a settlement at any stage, including after a case becomes contested. This can occur through mediation or informal negotiation, but any agreement should be formalized in writing and approved by the court. Settling early can save time and costs, but it must be handled carefully to ensure enforceability. We help structure settlements that protect your interests and prevent future disputes.

Is mediation required in every contested eviction?

Not all Florida counties require mediation, but some local courts mandate it before scheduling a hearing. Mediation gives both parties a chance to resolve the issue outside of a formal trial. While this can shorten the timeline, it requires preparation and clarity about what terms are acceptable. We represent landlords in mediation sessions to avoid risks and push for enforceable outcomes.

Can I appeal a judge’s ruling if I lose the case?

If the court rules against you, you may have the right to file an appeal, depending on the reasons and timing. Appeals must typically be filed within 30 days of the final judgment. It’s important to act quickly and consult legal counsel to determine whether an appeal is viable. Our attorneys evaluate unfavorable rulings and can file appropriate motions or appeals when warranted.