If you’re a Florida tenant struggling to pay rent—maybe you’re waiting for your first paycheck from a new job, or are anticipating financial help from a family member—there are a few things you can do to delay an eviction until you get back on your feet.
Talk to Your Landlord
The best way to delay an eviction is to talk to your landlord. Most of the time, landlords really don't want to have to evict their tenants—evictions are costly and time-consuming. If you’ve been a model tenant who’s just fallen on hard times, you might be able to negotiate a payment arrangement. Get any such agreement you reach in writing and, if your landlord had already filed an eviction suit or otherwise started the eviction process, include an explicit statement that your landlord will stop the proceedings and have the court dismiss the lawsuit. (Be sure to follow up and confirm that the court proceedings have been fully dismissed.)
Fight (Raise a Defense)
If you’ve been served with an eviction notice, there are some things you can do to delay the proceedings for a short while to give yourself some time. One of those things is to file an answer and raise defenses to the eviction claim. How you defend against the eviction depends on the situation:
- If you owe rent. If you’ve been served with an eviction notice for nonpayment of rent in Florida, you have three days (excluding Saturday, Sunday, and legal holidays) in which to pay the rent owed. (Fla. Stat. § 83.56(3) (2022).) If you pay the rent before the end of those three days, and your landlord still files an eviction complaint, you can (and definitely should) answer the complaint and raise payment in full as a defense.
- If you dispute the amount of rent owed. If you disagree with your landlord over how much rent you owe (and your attempts to resolve the dispute have failed), consider waiting to take further action until your landlord serves you with an eviction complaint. In Florida, you get five business days after service in which to file an answer and a motion disputing the amount of the rent allegedly owed. Usually, when you file an answer to an eviction complaint in Florida, you must also pay the amount the landlord claims is owed into the Court registry within five days of being served with the eviction complaint. If you don’t, the landlord can move for a default judgment and get a final judgment against you. If, however, you already paid the rent in full or dispute the amount of rent the landlord claims is owed, and you timely file a motion to dispute the rent amount within the five day period, you don’t have to pay the rent into the Court registry. (Fla. Stat. § 83.60 (2022).)
- If you've violated the lease or rental agreement. If you get an eviction notice for violating some other provision of the lease or rental agreement (for example, you have an unauthorized pet or roommate), you can stave off the eviction by curing the violation and providing proof of that to your landlord within the seven-day notice period. (Fla. Stat. § 83.56(2)(b) (2022).) If the landlord files an eviction complaint anyway, you can file an answer and raise the fact that you timely cured the alleged lease violation as a defense.
- If you've intentionally withheld rent. Florida landlords have a duty to maintain the rental premises. (Fla. Stat. § 83.51 (2022).) If you withheld the rent because the landlord breached the duty to maintain the rental property (for example, your landlord didn't repair the ceiling that caved in during a hurricane), and you gave the landlord written notice and an opportunity to cure the breach within 7 days, the landlord’s failure to fulfill their duty will be a full defense to the eviction claim. (Fla. Stat. § 83.56(1) (2022).)
- If your landlord has attempted an illegal eviction. Landlords are not allowed to use "self-help" eviction methods, such as changing the locks or turning off the utilities to the rental property. If your landlord has attempted to remove you from the property without using the proper procedures, you should assert this as a defense when responding to an eviction lawsuit. Not only do landlords who use self-help techniques often lose their eviction lawsuits, but they might also end up having to pay their tenants damages in the amount of three months' rent, plus attorneys’ fees. (Fla. Stat. § 83.67 (2022).)
- If your landlord has failed to follow statutory eviction procedures. Finally, when your landlord fails to follow state and local eviction procedures properly, such as failing to provide required notices or incorrectly serving a notice, you can raise that as a defense. Most of the time, when landlords don't follow proper procedures, the court will dismiss the eviction suit. Be aware that a dismissal in these circumstances doesn't prevent the landlord from refiling the lawsuit, but it will give you more time before the eviction becomes final.
Ask for a Continuance
Lawyers ask for continuances all the time due to schedule conflicts, illness, and family emergencies. Individuals representing themselves in court are also allowed to request continuances. Courts tend to be flexible with these matters as judges understand that life doesn’t always go according to schedule. If you have valid grounds, it might be possible for you to successfully request a new trial date. You’ll have to make the request in writing. Be clear about your reason for needing an extension, and be specific about how much of a delay you need. The court might require you to submit evidence in support of your need for an extension (for example, a doctor’s note, a death certificate, or proof that you’re in the hospital). The court might schedule a separate hearing to decide whether or not to grant your request for a continuance.
Talk to the Judge
Even if your defenses are weak and you know that you’ll probably lose, show up at the eviction hearing anyway. You'll have the opportunity to explain your situation to the judge. Sometimes, judges will delay the physical removal of a tenant for a few days if the tenant can show a specific need to remain in the rental. For example, if you know that you just need a week to get a paycheck from your new job so you can put down that security deposit on a new place, let the judge know. The judge might be lenient and give you that extra time to remain in the rental property before the eviction becomes final.
File For Bankruptcy to Delay Your Eviction
If your financial situation is dire and you see no other way out, you might consider filing for bankruptcy. A valid bankruptcy proceeding would automatically stay the eviction suit. It won’t keep you from being evicted forever, but it will slow the process down while the landlord seeks permission from the bankruptcy judge to proceed. Moreover, a bankruptcy judgment would wipe out the landlord’s claim for damages and past rent. Note, however, that filing for bankruptcy might make it more difficult to rent in the future and could mean that you'll need a cosigner to enter into another lease or rental agreement.
Should I Ignore an Eviction Notice?
In any event, you should never simply ignore an eviction notice from your landlord. Consider looking into free or low-cost local legal assistance—check with your local legal aid, your city's housing department, or a tenants' rights organization to see what resources you might be able to access.