Facing an eviction can be an overwhelming experience, and many tenants look for ways to plead their case directly to the court. Writing a letter to the judge might seem like a reasonable step, but in Florida, it is unlikely to stop the eviction process. Understanding why this approach doesn’t work—and what tenants should do instead—can make a significant difference in protecting your rights.

The Legal Process for Evictions in Florida

Evictions in Florida are governed by strict legal procedures outlined in Chapter 83 of the Florida Statutes, also known as the Landlord-Tenant Act. Here’s a brief overview of the process:

1. Notice to Vacate: The landlord must serve the tenant with a written notice, such as a 3-day notice for nonpayment of rent or a 7-day notice for lease violations.
2. Filing the Eviction Lawsuit: If the tenant doesn’t comply with the notice, the landlord can file an eviction complaint with the court.
3. Tenant’s Response: The tenant has five business days to respond to the complaint after being served.
4. Hearing or Judgment: If the tenant files a response, the court may schedule a hearing. If the tenant does not respond, the court may issue a default judgment in favor of the landlord.
5. Writ of Possession: If the landlord wins the case, the court issues a writ of possession, allowing the sheriff to remove the tenant.

Why a Letter to the Judge Isn’t Enough

Florida courts operate under rules that require formal filings and adherence to specific procedures. A letter to the judge may not:

1. Be Legally Recognized: Judges cannot consider ex parte communications—private correspondence from one party—outside the formal legal process. This ensures fairness to all parties.
2. Constitute a Formal Response: To contest an eviction, tenants must file a written response or motion with the court within the required timeframe. This response must follow legal formatting and procedural rules.
3. Stop the Clock: Eviction cases move quickly in Florida. Merely writing a letter will not pause the process or prevent the landlord from obtaining a default judgment if no formal response is filed.

Hearings Are Not Automatically Scheduled

Tenants should be aware that filing a response to the eviction complaint does not automatically result in a court hearing. It is the tenant’s responsibility to request a hearing from the court. If no hearing is requested, the judge may proceed to issue a ruling based on the documents filed by both parties. Therefore, tenants must take proactive steps to ensure their case is heard, including explicitly asking the court to schedule a hearing.

What Tenants Should Do Instead

If you are facing eviction in Florida, here are steps you can take to protect yourself:

1. Respond to the Complaint: File a written response with the court within five business days of being served. Include any defenses you may have, such as improper notice or landlord violations.
2. Pay Into the Court Registry: If the eviction is for nonpayment of rent, deposit the owed rent into the court registry as required by Florida law. Failing to do so may result in losing your case automatically.
3. Seek Legal Assistance: Consult with an attorney or contact legal aid organizations in your area. They can help you navigate the eviction process and ensure your rights are protected.
4. Attend the Hearing: If a hearing is scheduled, make sure to appear and present your case. Missing a hearing could result in a judgment against you.

Final Thoughts

While it may feel tempting to write a heartfelt letter to the judge, it’s important to remember that Florida’s eviction process relies on formal legal steps. Ignoring these procedures can result in losing your home and additional financial burdens. By understanding your rights and taking appropriate legal action, you stand a better chance of resolving the situation effectively.