Evictions in Florida aren’t always as simple as serving a notice and filing paperwork. In many cases, tenants actively participate in the process and raise legal defenses that can delay or even prevent a landlord from obtaining possession of the property. Whether you’re evicting for non-payment of rent, lease violations, or a holdover tenancy, it’s essential to anticipate the strategies tenants might use to fight back—and to prepare accordingly.
Landlords who stay proactive, document everything, and follow legal procedures precisely are far more likely to succeed in eviction court. Below, we review the most common tenant defenses raised in Florida residential eviction cases and offer practical, experience-based advice on how to defeat them.
1. Claims of Improper or Defective Notice
A very common defense raised by tenants is that the eviction notice was not served properly or contained a technical defect. The tenant may claim they never received the notice, or that it listed the wrong amount of rent owed, failed to provide enough time, or was not served in compliance with Florida law.
To avoid this defense altogether, landlords should always use a compliant, statutory notice form—such as the 3-Day Notice for non-payment or the 7-Day Notice for curable lease violations. Serve the notice in a legally recognized manner (personal delivery, posting, or certified mail) and maintain proof of service. A photo of the notice posted on the door with a timestamp can go a long way in court.
Just as important: once you’ve served a 3-Day Notice to Pay or Vacate, do not accept any rent or payment from the tenant. Doing so may be seen by the court as a waiver of your right to evict, and you may be required to start the process over again by serving a new notice. Many landlords unintentionally restart the clock by accepting even partial payments after notice is served. If you plan to proceed with eviction, stand firm and refuse rent once the 3-day notice is issued.
2. “I Paid the Rent” – Partial or Disputed Payments
Tenants may assert they paid the rent, or that they made a partial payment the landlord accepted. This defense can complicate matters if your records are incomplete or inconsistent.
The best defense is a detailed and accurate rent ledger, showing each month’s rent due, payments received, and the running balance. Payments should always be applied to the oldest outstanding balance to avoid any dispute over what is still owed. Supporting documentation—like deposit confirmations, screenshots of electronic payments, or returned checks—can quickly neutralize this defense.
Again, accepting payments after you’ve served a 3-Day Notice can waive your right to proceed, so be cautious about what you accept and when.
3. Claims of Retaliation
Under Florida law, landlords cannot evict tenants in retaliation for exercising legal rights, such as filing a complaint with code enforcement or requesting repairs. While the retaliation defense can be overstated by tenants, courts will examine timing closely. If the eviction notice closely follows a tenant complaint, be prepared to show that the eviction was based on an independent, valid reason.
Consistency is key. If the tenant is being evicted for non-payment or a lease violation that would warrant eviction in any case, your documentation will speak for itself.
4. Habitability Complaints and Withheld Rent
Tenants often raise habitability concerns in response to an eviction, particularly for non-payment. The defense usually goes something like: “I didn’t pay because the A/C didn’t work” or “There was mold and the landlord ignored it.”
Even if the complaint seems exaggerated or unfounded, take it seriously—and act fast. The best practice is to go above and beyond when a tenant raises a maintenance or habitability concern. Promptly send out a licensed professional—a plumber, electrician, general contractor, mold inspector, or pest control company—to inspect the issue. Not only does this demonstrate your good faith, but it shifts the burden back to the tenant.
Importantly, ask the professional to provide a written statement or invoice explaining what they inspected, their findings, and what (if any) work was performed. This documentation becomes a key part of your file if the case ends up in front of a judge.
If the issue is legitimate, have the professional perform the remediation work—and document the completion thoroughly. If it’s not valid, having a third-party opinion from a licensed professional will undercut the tenant’s credibility in court.
5. The Oral Agreement Defense (Avoidable with Written Communication)
Another tenant strategy is to allege the landlord made oral promises or gave verbal approval to delay rent, allow unauthorized guests, or change lease terms. These “he said, she said” arguments can muddy the waters if the landlord relies on phone calls or in-person conversations.
To avoid this issue altogether, written communication is your best defense. Text messages and emails are ideal—they memorialize conversations and create a record that courts can rely on. If your primary method of communicating with tenants is written, you effectively preclude the possibility of a tenant successfully claiming oral representations were made.
6. Improper Service of the Lawsuit
Even after the notice is served properly, the actual court summons and complaint must also be served correctly. Tenants may claim they were never served and ask the court to dismiss or delay the case.
Work with a reliable process server or the sheriff’s office to ensure proper service, and obtain a filed proof of service affidavit to include with your court filings.
7. Fair Housing and Discrimination Claims
Tenants may raise claims under the Fair Housing Act, alleging discrimination based on race, family status, disability, or other protected categories. These defenses are often raised to delay eviction or create leverage for a settlement.
To guard against this, ensure you’re treating all tenants equally and that your lease enforcement is uniform. Keep records of other similarly situated tenants who have been treated the same way. Be professional and factual in all communication, and avoid any language that could be misinterpreted.
8. Active-Duty Military Status
If the tenant is on active duty in the U.S. military, they are protected under the Servicemembers Civil Relief Act (SCRA), and a default judgment cannot be entered without court approval.
To satisfy this requirement and avoid delays, the best practice is to run a Department of Defense (DOD) Manpower Report, which requires the tenant’s date of birth or Social Security Number. That’s why it’s critical to collect and securely store a copy of each tenant’s driver’s license or SSN at lease signing. If you didn’t collect it up front, the process of verifying military status becomes significantly more difficult.
Final Thoughts: Preparation Wins Cases
Tenant defenses are part of the eviction process in Florida—and courts take them seriously. But a well-prepared landlord with strong documentation, written communication, and a proactive approach to property maintenance will usually prevail.
Serve notices correctly, respond to repair requests promptly, document everything, and don’t accept rent after serving a 3-Day Notice if your intention is to move forward with eviction. Small decisions like these can make a big difference when the case ends up in court.
If you’re facing a contested eviction or want to make sure your notices, records, and strategy are court-ready, our firm is here to help. We represent landlords across the state of Florida, and we’re ready to move quickly to protect your rights and property.
📞 Contact us today to schedule a consultation and build a winning eviction strategy.