Quick Answers
- What makes it contested: The tenant files a written response within 5 days of service, excluding weekends and legal holidays, instead of letting the case go to default.
- The registry rule: A tenant who raises any defense other than payment must deposit the rent alleged due into the court registry, or file a motion to determine rent, within that same window. Otherwise the defenses are waived and the landlord is entitled to an immediate default under section 83.60(2).
- Common defenses: A defective notice, acceptance of rent after the notice, retaliation, and the landlord's failure to maintain the unit.
- Repair defense limits: To withhold rent over conditions, the tenant generally must have given the landlord written notice and waited 7 days first.
- Timeline: About 6 weeks to several months, compared with about 4 to 5 weeks for an uncontested eviction.
- Settlement: Many contested cases end in a written stipulation with a move-out date and a default provision if the tenant does not comply.
Tenant Filed an Answer? Get Counsel Before the Hearing
We handle contested evictions, registry motions, and hearings across Florida.
Most Florida evictions end in a default judgment because the tenant never responds. When a tenant does fight back, the case changes character: there are defenses to answer, deadlines to enforce, and usually a hearing. The good news for landlords is that Florida law puts real conditions on a tenant's right to contest, and the most important one is about money, not argument. This guide explains what makes an eviction contested, how the court registry rule works, the defenses tenants raise most often, what happens at the hearing, and how contested cases usually end. For the full sequence of an eviction from filing to writ, see the Florida eviction court process.
What Makes a Florida Eviction Contested
A residential eviction becomes contested when the tenant files a written response with the court within 5 days after service, not counting Saturdays, Sundays, or legal holidays. The response might be a formal answer, a motion to dismiss, or a letter to the judge disputing the claim. Any of these stops the clerk from treating the case as a simple default, but filing a response alone does not guarantee the tenant a hearing.
The Court Registry Rule: The Landlord's Strongest Tool
Under section 83.60(2), if the tenant raises any defense other than payment, including a defective 3-day notice, the tenant must pay into the court registry the rent alleged in the complaint, plus the rent that comes due while the case is pending, as it comes due. The deadline is the same 5-day window after service.
The consequence of not paying is severe. Failing to deposit the rent or to file a motion to determine rent within the window is, in the words of the statute, an absolute waiver of the tenant's defenses other than payment. The landlord is then entitled to an immediate default judgment, with the writ of possession to issue without further notice or hearing.
| What the tenant does | Result |
|---|---|
| Files nothing | Landlord moves for default; judgment for possession without a hearing. |
| Files an answer claiming the rent was paid | Payment is the one defense that does not require a deposit; the court hears the dispute. |
| Files any other defense but deposits nothing | Defenses waived; landlord entitled to an immediate default and writ. |
| Files a motion to determine rent with supporting documents | Court decides how much rent must be deposited; the tenant must then pay that amount. |
| Deposits the rent and files defenses | Case is set for hearing or mediation; ongoing rent must keep being deposited as it comes due. |
| Stops depositing rent as it comes due during the case | Landlord can move for default for failure to keep the registry current. |
A motion to determine rent is not a free pass. The statute requires the tenant to attach documentation showing the rent in the complaint is wrong. A bare motion with nothing attached is a common reason courts enter default anyway.
The Defenses Tenants Raise Most Often
Once a tenant has complied with the registry rule, the court considers the defenses on their merits. These are the ones Florida landlords see most.
| Defense | What the tenant argues | How landlords counter it |
|---|---|---|
| Defective notice | The 3-day notice miscounted days, demanded late fees as rent, or was served improperly. | A notice that follows section 83.56(3) exactly, counts only business days, and demands rent only. |
| Waiver by accepting rent | The landlord took rent after serving the notice. | Refusing payments after the notice, or following the partial payment rules in section 83.56(5). |
| Retaliation | The eviction punishes the tenant for a code complaint or for asserting rights, under section 83.64. | Records showing the eviction is for nonpayment or a lease violation, which the statute recognizes as a valid basis. |
| Landlord failed to maintain the unit | Serious conditions justified withholding rent, under sections 83.51 and 83.60(1). | Proof the tenant never gave the written 7-day notice the statute requires before withholding, or that repairs were made. |
| Payment dispute | The rent was paid, or the ledger is wrong. | A clean rent ledger and proof of every payment and charge. |
Two of those defenses are avoidable entirely. A correctly drafted notice and a firm no-rent policy after the notice eliminate most of what tenants raise. See accepting partial rent after a 3-day notice for the partial payment rules.
Mediation and the Hearing
Some Florida counties send contested evictions to mediation before a hearing; others set the hearing directly. At mediation, the parties can agree on a move-out date, a payment plan, or both. Anything agreed should be in a written stipulation filed with the court, including what happens if the tenant does not comply.
At the hearing, the judge reviews the lease, the notice and proof of service, the rent ledger, and the tenant's defenses. Landlords should bring photographs and correspondence if conditions are at issue. Eviction hearings are short, and judges usually rule the same day.
How Long a Contested Eviction Takes
An uncontested residential eviction usually takes about 4 to 5 weeks from filing to possession. A contested case generally runs about 6 weeks to several months. The biggest variables are how quickly the county sets hearings, whether mediation is required, and whether the tenant keeps the registry current. A tenant who stops depositing rent mid-case gives the landlord a path back to default, which is often the fastest way out of a contested case.
How Contested Cases Usually End
- Default for registry failure. The tenant files defenses but never deposits the rent, or stops depositing.
- Stipulated move-out. The tenant agrees to leave by a set date, often with the registry funds released to the landlord.
- Judgment after hearing. The court rules on the defenses and enters judgment for possession or dismisses.
- Dismissal and refiling. A defective notice can force the landlord to serve a new notice and start over.
After judgment for the landlord, the clerk issues the writ of possession and the sheriff posts a 24-hour notice before restoring possession. See how long a writ of possession takes in Florida.
Landlords often prepare for a contested eviction as if it were a trial, when the first question is purely mechanical: did the tenant deposit the rent within 5 business days? If not, the statute calls the defenses waived, and the right move is an immediate motion for default, not a hearing.
The second thing landlords miss is that the registry obligation continues. Rent that comes due during the case must also be deposited, on time. Tracking those due dates and moving for default the day a deposit is missed ends many contested cases weeks early.
What a Contested Eviction Costs
Court costs are the same as in any eviction: a $185 filing fee plus $10 per summons, service of process, and the sheriff's writ fee of $90 in most counties and $115 in Miami-Dade. Attorney fees are where contested cases differ. They are not standardized, they vary widely from firm to firm, and they run higher than uncontested fees because of the motions, mediation, and hearing. Our fee for an uncontested residential eviction is a flat $295, and we quote contested work based on the defenses raised. Registry funds deposited by the tenant are usually released to the landlord when the case ends in the landlord's favor. For a full breakdown, see how much a Florida eviction costs.
Tenant contesting your eviction?
Kelley, Grant & Tanis has handled more than 40,000 eviction cases across Florida. Call 1 (877) 871-8300 or start your eviction online. Related reading: what happens after a 3-day notice and the 7-day notice to cure.
Frequently Asked Questions
What makes an eviction contested in Florida?
The tenant files a written response with the court within 5 days after service, excluding Saturdays, Sundays, and legal holidays. If the response raises any defense other than payment, the tenant must also deposit the rent into the court registry to keep that defense alive.
Does a tenant have to pay rent into the court registry to contest an eviction?
Yes, for any defense other than payment. Under section 83.60(2), the tenant must deposit the rent alleged due and the rent that comes due during the case, or file a supported motion to determine rent, within 5 business days of service. Otherwise the defenses are waived and the landlord is entitled to an immediate default.
What is a motion to determine rent?
It is the tenant's request for the court to decide how much rent must be deposited, when the tenant disputes the amount in the complaint. The statute requires documentation supporting the claim that the amount is wrong. Once the court sets the amount, the tenant must deposit it.
Can a tenant withhold rent because of repairs in Florida?
Only after giving the landlord written notice of the problem and waiting 7 days, and only for a material failure to maintain the unit. A tenant who simply stops paying without that notice generally cannot rely on the condition of the unit as a defense.
How long does a contested eviction take in Florida?
Usually about 6 weeks to several months, depending on the county's hearing schedule, whether mediation is required, and whether the tenant keeps the registry current. An uncontested eviction takes about 4 to 5 weeks.
What happens if the tenant stops paying into the registry during the case?
The landlord can move for default. The registry obligation covers rent that comes due while the case is pending, so a missed deposit can end a contested case quickly in the landlord's favor.
Is mediation required in a contested eviction?
It depends on the county. Some counties send contested evictions to mediation before a hearing and others do not. Any agreement reached should be a written stipulation filed with the court, including what happens if the tenant does not comply.
Can a landlord settle a contested eviction?
Yes, at any stage. The most common settlement is a stipulated move-out date, sometimes with the registry funds released to the landlord. The agreement should state that the landlord can obtain a judgment and writ without a new hearing if the tenant misses the date.
Can the losing side appeal an eviction judgment?
Yes. A notice of appeal must generally be filed within 30 days of the final judgment. Appeals in eviction cases are uncommon, and a landlord facing one should get counsel promptly.