United States · Florida summary procedure and eviction
What must a Florida tenant do within five days for the eviction rent registry?
Section 83.60(2) requires registry payment or a supported motion to determine rent within five days after process service, excluding weekends and legal holidays. It applies when a tenant asserts a defense other than payment, including a defective three-day notice. Accruing rent must also be paid when due. This guide computes no date.
- Period
- An initial five-day registry act, with ongoing rent when due and a separate supported-motion branch
- Trigger
- Actual process service, the asserted defense, accrued-rent allegations and any court determination
- Rule
- 2026 Florida Statutes section 83.60(2)
2026 Florida Statutes, October 1, 2026 civil and appellate compilations and July 1, 2026 general practice compilation
Source guide · No automated date
Establish the complete Florida summary or eviction procedure
The initial five-day component does not establish the applicable defense, accrued amount, supported rent-determination motion or ongoing payments when due. One process-service input cannot complete this registry procedure. No computed or paid result is released.
2026 Florida Statutes section 83.60(2)What lawyers say
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Which actual event starts this Florida summary or eviction period?
Read the actual possession complaint, summons and process-service evidence.
Establish the asserted defenses, accrued amount, any court determination and the tenant’s actual subsidy share.
Preserve completed registry payments, any supported rent-determination motion and ongoing rent when due.
2026 Florida Statutes section 83.60(2)How does Florida count this civil period?
- Read the actual possession complaint, summons and process-service evidence.
- Section 83.60(2) expressly excludes Saturdays, Sundays and legal holidays from the initial five days after process service. The ongoing rent obligation uses rent when due. Establish the applicable court calendar and actual payment or supported-motion history. This guide gives no isolated deadline.
- 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.
2026 Florida Statutes section 83.60(2)Why does this procedure need a separate comparison?
The initial five-day component does not establish the applicable defense, accrued amount, supported rent-determination motion or ongoing payments when due. One process-service input cannot complete this registry procedure. No computed or paid result is released.
Which Florida summary or eviction qualifications change the procedure?
- The residential part has express exclusions
- Section 83.42 excludes its stated incidental institutional residence, qualifying purchase contracts, transient occupancy and other listed categories. Establish the actual tenancy and applicable part. This page does not apply every residential notice to commercial premises or an excluded occupancy.
- A defective three-day notice is expressly included
- Section 83.60(2) includes a defective three-day notice among defenses other than payment that trigger its registry requirements. Paragraph (1)(a) separately gives the landlord an opportunity to cure deficient notice or pleadings before dismissal. Raising that defect alone does not establish exemption from registry payment.
- A rent-determination motion requires supporting documentation
- The motion branch requires documentation supporting the allegation that the complaint’s rent amount is incorrect. A bare disagreement or unsupported filing does not establish that prescribed branch. Preserve the actual filed motion, documentation and resulting court instructions.
- Subsidized tenants deposit their own required portion
- Public-housing tenants and tenants receiving subsidies deposit only the portion for which they are responsible under the applicable program. Establish the actual tenant share and program records. This guide does not determine an amount from the full contract rent.
- Failure has the statute’s stated waiver and default consequences
- Failure to complete the applicable initial payment or motion produces the stated absolute waiver of defenses other than payment. The statute provides immediate default removal judgment and a writ without further notice or hearing. A calculator cannot decide whether those facts are established.
- 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
What must a Florida tenant do within five days for the eviction rent registry?
Does a defective three-day notice remove the registry duty?
Section 83.60(2) expressly includes that defense among defenses other than payment. Establish the actual applicable registry procedure.
2026 Florida Statutes section 83.60(2)Is an unsupported rent-determination motion sufficient?
The statute requires documentation supporting the allegation that the complaint’s amount is incorrect. Preserve the actual supporting materials and court instructions.
2026 Florida Statutes section 83.60(2)Does the initial payment end all future rent obligations?
The statute also requires rent accruing during the proceeding to be paid when due. Establish the actual continuing amount and instructions.
2026 Florida Statutes section 83.60(2)Official Florida summary or eviction sources and review
Provisions used (11)
| Provision | Purpose |
|---|---|
| 2026 Florida Statutes section 83.60(2) | The responsible actor, actual event and stated procedural period |
| 2026 Florida Statutes section 83.42 | The residential part has express exclusions |
| 2026 Florida Statutes section 83.60(1)(a),(2) | A defective three-day notice is expressly included |
| 2026 Florida Statutes section 83.60(2) | A rent-determination motion requires supporting documentation |
| 2026 Florida Statutes section 83.60(2) | Subsidized tenants deposit their own required portion |
| 2026 Florida Statutes section 83.60(2) | Failure has the statute’s stated waiver and default consequences |
| 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 |