Filing an Unlawful Detainer is straightforward. In other words, you are removing an Individual that does not pay rent, have a lease, and living there without your consent. While their defenses may be frivolous, you still need to have them stricken in order to obtain a Final Judgment. Therefore, if you have questions about when to file a Motion to Strike in an Unlawful Detainer, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
When Do You File a Motion to Strike in an Unlawful Detainer?
After a Homeowner decides to remove an Individual from their property that does not pay rent and have a lease, they need to file an Unlawful Detainer. After they serve it, the Individual has five days to respond. While there are few defenses that can be raised, the Homeowner still needs to address them. This occurs by filing a Motion to Strike. The purpose of this Motion is to prevent the Individual from being able to argue them at a Final Hearing. If the Court determines that the Defenses are legally insufficient, they will enter an order striking them. This is also used in an Eviction as it allows the Landlord to obtain a Final Judgment. Accordingly, this allows the Homeowner to obtain a Final Judgment of Unlawful Detainer.
Most Courts will enter a Judgment of Unlawful Detainer if they grant the Motion to Strike. However, some will require a hearing on it. If they do not grant it, a Final Hearing or Trial will be set. Our office has found that as long as the Homeowner can prove that there is no Landlord Tenant relationship, the Motion will be granted. Therefore, it is important to make sure that an Unlawful Detainer is the correct action to file.
To Learn about when to file a Motion to Strike in an Unlawful Detainer, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.