Once a Tenant responds to the Complaint, a Landlord needs to file a Motion to Strike and move the case to a Final Hearing. Unfortunately, without knowledge of the Process, it can end up in the wrong direction. Therefore, their best option is to hire a Florida Landlord Eviction Lawyer. If you have questions about when should a Florida Landlord file a Motion to Strike, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
When Should a Florida Landlord file a Motion to Strike?
A Landlord needs to act immediately when a Tenant files a response. As a result, the process goes quickly and a Judgment is entered by the Court. However, this does not happen all the time. In many cases, a Tenant will file an Answer wherein they allege defenses including payment of rent or compliance with the lease. In other words, it depends on the type of Eviction that was filed.
Non-Payment of Rent Eviction
If a Tenant files a response alleging a defense other than payment of rent, a Landlord needs to file a Motion to Strike. For Example, they may allege that the Landlord failed to maintain the property. However, a Tenant still needs to pay the rent that is due and owing into the Registry. Failure to do so should prompt a Landlord to file the Motion requesting the Court to strike the Answer and enter a default. As a result, a Final Judgment will be entered.
Non-Monetary Eviction
Some Evictions are not related to rent. If a Tenant alleges they are not in breach, a Landlord should still file a Motion to Strike. They need to show it was committed and the Tenant failed to cure it. If it is granted, a default will be entered and then a Final Judgment. Even if the Tenant deposits the rent into the Registry, they have an obligation to pay it during the case. If they fail to do so, the Landlord needs to file a motion to strike. This will move the case to Judgment or allow the Court to enter an order requiring the Tenant to deposit. In this situation, it does not matter the type of Eviction filed.
A Florida Landlord should file a Motion to Strike after a Tenant files a response. If you have questions about the Eviction Process, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.