
Everyone deserves a safe and steady home, but rising rents in Miami are forcing many families out. Long-time tenants are losing their homes when buildings are sold and replaced with newer and more expensive units. Low-income seniors, people with disabilities, and single parents—who already struggle to afford rent—are being pushed out. Even middle-class families now face eviction.
Eviction is scary and stressful. When a family loses their home, they may also lose their belongings, damage their credit, and have trouble finding another place to live. Children may fall behind in school, and the emotional harm can last for years. Even though eviction can change a family’s entire life, eviction cases in Florida move very quickly, and many tenants lose their homes without ever talking to a judge.
Because of the “Summary Procedure” process under Florida Statute 51.011, a tenant has only five days to respond after the landlord files an eviction lawsuit. This deadline is strict. Many tenants—especially those who are elderly, disabled, or dealing with emergencies—miss the deadline and get evicted right away.
Even tenants who do respond within five days can still lose automatically. Florida Statute 83.60(2) says that when tenants file an answer, they must also deposit the rent the landlord claims is owed into the court registry or file a motion explaining why they disagree with the amount. If they do not do this correctly, the judge can order an eviction immediately, even if the tenant has a strong and valid defense.
Tenants who respond on time and deposit the rent may still lose at trial because they do not know their rights. Some important protections can help tenants stay in their homes. Under Florida Statute 83.56(5), if a landlord accepts rent after giving an eviction notice, after filing the eviction, or even after the judge signs the eviction judgment, the case may be dismissed and the tenant may stay in the home.
Tenants in federally subsidized housing also have extra protections. For example, if the landlord waits more than 45 days to file an eviction for a lease violation that is not about unpaid rent, the case may be dismissed. But many tenants do not know these protections exist, so they cannot use them to defend themselves.
Legal Services of Greater Miami Can Help
Legal Services of Greater Miami is the leading nonprofit law firm that helps low-income tenants. Our attorneys know the rules and can give tenants legal advice so they can fight unfair evictions. Tenants we represent in court have much better results than those who must go alone. In many of our eviction defense cases, we help clients stay in their home or get more time to move safely.
Our help is free. If you get an eviction notice or an eviction lawsuit, please contact us right away. If you wait too long, it may be too late for us to help. Call 305-576-0090 or visit legalservicesmiami.org/contact-us to apply and see if you qualify.
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