What Is a 5-Day Notice?
In Florida eviction practice, the "5-day" period most often refers to the five days a tenant has to file a written response after being served with an eviction lawsuit. It is different from the pre-suit 3-day notice to pay rent: the 5 days is the tenant's deadline to answer the court case once it has been filed and served.
The 5-Day Response Period
Florida evictions proceed under the summary procedure in Chapter 51, Florida Statutes, which moves faster than ordinary lawsuits. After the tenant is served with the eviction summons and complaint, the tenant generally has five days, excluding Saturdays, Sundays, and legal holidays, to file a written response with the court. In a non-payment case, the tenant typically must also deposit the disputed rent into the court registry to contest the eviction.
Why the Deadline Is Critical
- Missing the 5-day deadline can lead to a default and a quick judgment for the landlord
- The count excludes weekends and holidays
- For non-payment cases, failing to deposit rent into the registry can waive defenses
Related Terms
- 3-Day Notice to Pay or Quit — The pre-suit notice that precedes the case
- Eviction — The proceeding the 5 days responds to
- Default Judgment — The risk of missing the deadline
Barnes Walker
Barnes Walker's attorneys handle Florida residential and commercial evictions and tenant responses for landlords and owners. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 51 (Summary Procedure)
Florida evictions use summary procedure, under which a served tenant generally has five days, excluding weekends and legal holidays, to file a written response before risking a default.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC