United States · Florida summary procedure and eviction
When must a Florida summary-procedure defendant file an answer?
Section 51.011(1) requires the defendant’s answer within five days after service of process in an action governed by summary procedure. The answer must contain all defenses of law or fact. Rule 2.514 excludes intermediate weekends and legal holidays from this short period. An eviction rent-registry requirement remains separate.
- Period
- Five days after process service, excluding intermediate Saturdays, Sundays and legal holidays
- Trigger
- Actual service of process in the established summary-procedure action
- Rule
- 2026 Florida Statutes section 51.011(1)
2026 Florida Statutes, October 1, 2026 civil and appellate compilations and July 1, 2026 general practice compilation
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Which actual event starts this Florida summary or eviction period?
Establish the action’s actual summary-procedure basis and preserve the served process.
Read the actual summons and service proof, distinguishing process from a landlord notice.
Prepare the complete answer with all defenses and complete filing and prescribed service.
2026 Florida Statutes section 51.011(1)How does Florida count this civil period?
- Establish the action’s actual summary-procedure basis and preserve the served process.
- Rule 1.090(a) incorporates Rule 2.514(a). Exclude the established event. For seven days or longer, begin with the next day that is not Saturday, Sunday or a legal holiday. Count intermediate calendar days. For fewer than seven days, omit intermediate Saturdays, Sundays and legal holidays. Do not treat a seven-day period as seven business days.
- Establish the actual holiday calendar and any applicable court directions.
- Complete the required act with the proper court or recipient.
Apply the observed New Year’s Day, Martin Luther King Jr. birthday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, Friday after Thanksgiving and Christmas Day holidays. Section 110.117 observes Saturday holidays on the preceding Friday and Sunday holidays on the following Monday. Rule 2.514 also includes clerk-observed holidays and days designated by the chief justice or chief judge. An ineligible final day moves in the counting direction. The bundled Florida calendar covers 2026 through 2028. Verify additional closures and chief-justice extensions separately.
Florida Rule of General Practice and Judicial Administration 2.514(a)What do the independently derived facts show?
Fictitious example
Fictitious facts. Valid process is served in an action established to use section 51.011. The actual event is August 2, 2027. No mail-only addition, further closure, changed court period or federal/program-specific notice requirement is assumed.
| Step | What is counted | Date |
|---|---|---|
| Established event | Actual service of process in the established summary-procedure action | August 2, 2027 |
| Applicable period | Five days after process service, excluding intermediate Saturdays, Sundays and legal holidays | August 9, 2027 |
Fictitious facts. Establish the stated procedure and actual event separately. No mail-only addition, further clerk holiday, tolling motion, chief-justice extension or different actual court order is assumed.
Try these dates in the calculatorWhich Florida summary or eviction qualifications change the procedure?
- Summary procedure requires an actual statutory or rule basis
- Section 51.011 applies only to actions specified by statute or rule. Its different time period controls a conflicting rule period. Section 83.59(2) gives the stated possession action summary procedure. Do not transfer five days to every Florida civil answer.
- All defenses belong in the answer
- Section 51.011(1) requires all defenses of law or fact in the answer. No other pleadings are permitted. The court must hear defensive motions, including motions to quash, before trial. A filed motion alone does not establish a new answer deadline.
- The eviction registry requirement is a separate act
- Section 83.60(2) addresses registry payment or a supported motion to determine rent when the tenant asserts a defense other than payment. Filing the answer alone does not complete that requirement or the ongoing rent obligation.
- The holiday calendar and actual court directions matter
- Rule 2.514(a)(2) excludes weekends and legal holidays from periods shorter than seven days. Preserve additional clerk holidays and any applicable court directions. Valid process, answer sufficiency and actual relief remain independently established facts.
- This page does not establish valid notice, valid process, claim or defense sufficiency, rent amounts, automatic possession or a stay.
- Check the governing historical edition, actual motions, orders, clerk holidays and filing receipts.
What must be filed, served and preserved?
Questions about this Florida summary or eviction act
When must a Florida summary-procedure defendant file an answer?
Does the landlord’s demand start my court answer deadline?
Section 51.011(1) uses service of process. Preserve the summons and actual process-service proof separately from the landlord notice.
2026 Florida Statutes section 51.011(1)Does filing an answer also satisfy the rent-registry requirement?
Section 83.60(2) requires the applicable registry payment or supported rent-determination motion separately. It also addresses rent accruing when due.
2026 Florida Statutes section 83.60(2)Are five days five consecutive calendar days?
Rule 2.514(a)(2) excludes Saturdays, Sundays and legal holidays from this period shorter than seven days.
Florida Rule of General Practice and Judicial Administration 2.514(a)(2)Official Florida summary or eviction sources and review
Provisions used (10)
| Provision | Purpose |
|---|---|
| 2026 Florida Statutes section 51.011(1) | The responsible actor, actual event and stated procedural period |
| 2026 Florida Statutes section 51.011 | Summary procedure requires an actual statutory or rule basis |
| 2026 Florida Statutes section 51.011(1) | All defenses belong in the answer |
| 2026 Florida Statutes section 83.60(2) | The eviction registry requirement is a separate act |
| Florida Rule of General Practice and Judicial Administration 2.514(a)(2),(4)–(6) | The holiday calendar and actual court directions matter |
| Florida Rule of Civil Procedure 1.050 | Applicable computation, filing, service and proof |
| Florida Rule of Civil Procedure 1.080(b) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.514(a)–(b) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.525(b),(e) | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 110.117(1) | Observed statutory holidays and weekend substitutions |