Orlando Eviction Court Steps 2026–27: The 3-Day Notice, the 5-Day Answer, the Court Registry and the 24-Hour Writ
Florida evictions move fast, and Orange County is no exception. From the day a deputy hands you court papers, you have five business days to respond. If you don't respond the right way, the landlord can get a judgment without a hearing, and a sheriff's deputy can post a 24-hour notice on your door soon after.
The step that trips up the most tenants is the court registry. In Florida, if you want to fight a nonpayment eviction for any reason other than "I already paid," you generally have to deposit the rent with the court. Here's how the whole process works in Orlando and the rest of Orange County, and where to get free legal help.
Last checked October 2026. Sources: Florida Statutes § 83.60, Florida Law Help's eviction guide, the Orange County Sheriff's Office Court Services page, and Orange County's Office of Tenant Services resource page. This is general information, not legal advice.
The Short Version
3-day notice: for unpaid rent. Weekends, legal holidays and the day you got it don't count.
5 business days after you're served with the eviction summons to file a written Answer with the court.
Court registry: if you raise any defense other than payment, you must deposit the rent claimed (and new rent as it comes due) into the court registry, or file a Motion to Determine Rent, within those same 5 days. Miss this and you lose your defenses.
After judgment: the sheriff posts a 24-hour Writ of Possession. Then the deputy returns with the landlord to change the locks.
Lockouts are illegal. A landlord can't change the locks or shut off utilities to force you out.
Free legal help: Legal Aid Society of the Orange County Bar Association, 407-841-8310. Community Legal Services, 800-405-1417.
Rent help and referrals: Heart of Florida United Way, 2-1-1 or 407-839-4357.
Step 1: The 3-Day Notice
A Florida landlord can't file an eviction for unpaid rent until it gives you a written Three-Day Notice. According to Florida Law Help, the notice must state:
The total rent you owe
That you must pay or move out within three days
The date you must pay or move
How to count the three days
The day you get the notice doesn't count, and neither do Saturdays, Sundays or legal holidays. Florida Law Help gives this example: get the notice on a Thursday, and Friday is day one, Monday is day two, and Tuesday is day three, the last day to pay or move.
What can be in it
The notice should list rent only, not late fees, repair costs or other charges, unless your lease defines those charges as rent. Read your lease. A notice demanding money the lease doesn't call rent may be a defense.
Lease violations and expired leases
If the landlord says you broke the lease for some other reason, such as an unauthorized occupant, Florida Law Help says it must give you a written notice describing the violation, and in most cases a chance to fix it before filing.
If your lease ended and wasn't renewed, you generally have to leave. A tenant who stays after a lease ends can be ordered to pay double rent plus the landlord's attorney fees and costs.
Use this window
Three business days is short, but it's the cheapest point to solve the problem. Call 2-1-1 about rent help and Legal Aid for advice. If you pay the full amount in the notice within the deadline, the landlord shouldn't file.
Step 2: The Landlord Files and You're Served
If the deadline passes, the landlord can file an eviction complaint with the Orange County Clerk of Courts. The Sheriff's Office says landlords file at the clerk's Room 310, where the clerk sells an eviction paperwork packet.
A sheriff's deputy or civil process server then serves you with a 5-Day Eviction Summons. The landlord can't serve it personally. Read every page. The summons should tell you about the registry requirement.
Step 3: Answer and Deposit Within 5 Business Days
This is the most important step. Under Florida Statutes § 83.60(2) and Florida Law Help's guide, within 5 days after service, not counting Saturdays, Sundays or legal holidays, you need to:
File a written Answer with the clerk, and
Deposit the rent into the court registry, or file a Motion to Determine Rent if you dispute the amount.
Why the registry matters
The statute says if you raise any defense other than payment, even a defective 3-day notice, you must pay into the registry the rent claimed in the complaint (or the amount the court sets) plus rent that comes due while the case is pending.
If you don't deposit the money or file a Motion to Determine Rent within the 5 days, the law calls it an "absolute waiver" of your defenses other than payment. The landlord can get an immediate default judgment and a writ of possession without a hearing.
If you get a housing subsidy or live in public housing, you deposit only your share of the rent.
Motion to Determine Rent
If the rent in the complaint is wrong, file a Motion to Determine Rent with your Answer. The statute requires documentation showing the landlord's number is wrong: receipts, bank records, your lease. The court will then either hold a hearing or issue an order telling you how much to deposit and by when.
Pay what the judge orders, on time. Florida Law Help warns that missing the deadline can lead to a final judgment against you, and that depositing the money doesn't mean you've won. It just keeps your defenses alive.
Defenses to consider
Florida Law Help lists defenses tenants commonly raise:
No proper 3-day notice was delivered
The person suing doesn't own the property ("plaintiff lacks standing")
Retaliation: the landlord is evicting you for complaining to code enforcement, the health department, a housing authority or HUD, or for exercising your rights as a tenant
Repairs: you withheld rent after giving the landlord a written 7-day notice about serious problems it didn't fix. Under § 83.60(1)(b), a landlord's material failure to meet its maintenance duties can be a complete defense if that notice was given.
You've already moved out
Florida's court system publishes an approved eviction Answer form, and Florida Law Help offers an online Eviction Answer Builder.
Step 4: Hearing, Mediation or Trial
If you filed your Answer and deposited rent, or followed the court's order on your motion, the judge may send the case to mediation. A neutral mediator helps you and the landlord try to reach a deal.
If you reach an agreement, you'll sign a stipulation, which the judge also signs. Florida Law Help stresses that it's binding and hard to undo, so make sure you understand every term, especially payment dates.
If mediation fails, the case goes to a final hearing or trial. The landlord presents first. You can question the landlord's witnesses, then present your own evidence and witnesses.
Show up. Florida Law Help says many hearings and mediations happen on Zoom, and the judge decides whether you appear online or in person. Read every notice. If you miss it, the judge may enter a Final Judgment of Eviction.
The judge can also enter a money judgment for rent or other charges, and the losing side may have to pay the other side's attorney fees and court costs.
Step 5: The 24-Hour Writ of Possession
After a final judgment, the clerk issues a Writ of Possession and the landlord takes it to the Sheriff's Office. The Orange County Sheriff's Office explains how it works locally:
The landlord can request the writ starting on the 6th business day after the 5-day summons was served if there's no proper response.
A deputy posts the writ, which gives you at least 24 hours. The Sheriff's Office notes "24 hour" isn't literal. The deputy calls the landlord to set an appointment at a later time.
At the appointment, the landlord must be able to get in and change the locks, with a locksmith if needed.
Florida Law Help warns that once the locks are changed, the landlord doesn't have to let you back in for belongings left behind. It says the landlord can remove your things even if you're not home, and even if you're elderly, sick or have young children. Move your important papers and medications first.
Asking the court to stop it
The Sheriff's Office says a tenant may ask the court to stay (pause) the eviction through the Orange County Clerk of Courts. If the judge grants it, the eviction is canceled and the landlord would have to file an "alias" writ to proceed. Talk to a lawyer about whether you have grounds.
Free Legal Help in Orange County
Orange County's Office of Tenant Services lists these legal resources:
Legal Aid Society of the Orange County Bar Association: free legal services for low-income residents. 407-841-8310, info@legalaidocba.org
Community Legal Services: legal aid for low-income people. 800-405-1417
Call the day you get a 3-day notice or court papers. Five business days goes quickly.
Rent Help and Other Resources
Heart of Florida United Way: 2-1-1 or 407-839-4357, or text your ZIP code to 898-211
Orange County Housing and Community Development: Section 8 rental assistance information
Central Florida Coalition for the Homeless: emergency shelter if you're facing homelessness
Repairs: unincorporated Orange County code compliance at 3-1-1 or 407-836-3111. Orlando residents use the City of Orlando's code enforcement reporting.
Rental scams: Florida Attorney General, 866-966-7266
Quick Checklist
3-day notice? Count business days, check the amount, and call 2-1-1 and Legal Aid.
Served with a summons? You have 5 business days.
File an Answer and deposit rent into the registry, or file a Motion to Determine Rent with proof.
Attend mediation and every hearing, in person or on Zoom as ordered.
Writ posted? Move essentials immediately and call Legal Aid about a stay.
What we couldn't confirm: the Orange County Clerk of Courts' eviction and Self Help Center pages didn't load, so filing fees, courthouse hours and the clerk's tenant instructions aren't included. Legal Aid's income limits and intake hours aren't stated on the pages we read. We didn't find a current Orange County or City of Orlando emergency rental assistance program on the pages reviewed.
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