A Final Hearing does not always occur in the Florida Eviction Process. Some cases settle while others result in a Default Judgment because the Tenant did not file a response. If a Final Hearing is held, the Court will allow the Landlord and the Tenant to present their arguments. The outcome depends on several factors. However, without representation, your chances of success greatly decrease. If you received notice of a Final Eviction Hearing, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552 to learn about the process.
What Happens at the Final Eviction Hearing in Florida?
Most Evictions tend to be straightforward: The Tenant fails to pay rent, an action is filed against them and unless it is settled, a Final Judgment will be entered. However, this does not always occur. Sometimes a Court will find that the response warrants a Final Hearing. Additionally, the Tenant will have had to deposit the past due and current rent into the registry.
At the Final Hearing, the Landlord or their Property Manager must be present. The Tenant also has to be there. Failure to attend can result in a Final Judgment against the Tenant or the eviction being dismissed. Accordingly, if both parties appear, the Judge allows them the opportunity to present their case.
The Landlord or their Property Manager will need to prove that the Tenant failed to make payments or violated the non-monetary provisions of the lease. If the Eviction is based on non-monetary violations, the Landlord may have to bring witnesses. This however depends on the circumstances. Thereafter, the Tenant will be given a chance to speak. They will need to show that they made all the payments or did not violate the non-monetary terms of the lease. Once both sides present their arguments, the Judge will render their decision. If they rule for the Landlord, a Judgment will be entered and the Tenant will have to vacate. On the other hand, if they find for the Tenant, the eviction will be dismissed. The losing party may be responsible for Attorney’s Fees.
The Court’s decision at a Final Hearing greatly impacts Landlords and Tenants. If you have questions about a Final Eviction Hearing in Florida, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.