Table of Contents
- Can You Fight an Eviction?
- The Landlord Tried to Force You Out of the Property using Prohibited Practices
- There are Errors in the Eviction Notice
- Due to Poor Maintenance, Rent has been Withheld
- The Landlord is Discriminating or Retaliating Against You
- Hire Affordable Eviction Attorneys
- Resources and References:
Table of Contents
Can You Fight an Eviction in Florida?
If you are a Tenant, you might not be familiar with the laws. Accordingly, they are outlined in Florida Statutes and all parties must comply.
Our Attorneys have prepared the following scenarios to show when you can Fight an Eviction in Florida. However, it is important to recognize the different phases of the Process.
1. Tenant receives a 3 Day Notice. They can pay the amount on the Notice. However, if they object, they can withhold rent.
2. Tenant is served. As a result, they can file an Answer. In addition, If they object to the amount, they can file a Motion to Determine Rent. However, they must deposit all rent that is due and owing. In addition, they must deposit all rent that is due during the Eviction. As a result, the Court will set it for a Determination hearing.
3. Rent Determination Hearing. The amount of rent that is owed will be determined by the Court. Accordingly, they will order them to deposit it into the Registry. If it is deposited, a Final Hearing will be held.
4. Final Hearing. The Court will hear arguments from the Landlord and the Tenant. If they rule for the Landlord, a Judgment will be entered. Thereafter, the Sheriff will remove the Tenant from the property. On the other hand, if the Court rules for the Tenant, the case will be dismissed and they can remain in the property.
The Landlord Tried to Remove you by using Prohibited Practices
They may not use these practices to force or manipulate you into leaving your home. 83.67 states that they may not:
- Remove outside locks, doors, roofing, walls, or windows, other than for purposes of maintenance.
- Terminate or cause the termination of any utility service, including water, heat, light, electricity, gas, and elevator access.
You could be awarded three months rent if they restrict access to your home, or cut utility services. Eviction attorneys in Fort Lauderdale will bring an action against them if they use these practices against you.
Errors in the Eviction Notice
Because Eviction is a Legal process, all documentation must be clear and accurate. If the notice lacks a date, then it could be invalid. This could delay the Eviction but it would not stop it altogether. If you believe that your notice is inaccurate or missing information, contact the Law Office of Brian P. Kowal, PA.
Due to Poor Maintenance, Rent has been Withheld
In some cases, you may be within your rights to withhold rent. Accordingly, Landlords need to maintain their properties to building and health codes. Even when a code doesn’t apply, they still need to maintain the property and the plumbing to a habitable standard.
If you discover a defect, you must notify them in writing. Accordingly, it must state your intent to withhold rent until it has been addressed. You must give 7 days before you can withhold rent. If they fail to fix it and proceed with an Eviction, the Court will likely side with the Tenant.
While failure to address defects and maintenance can be grounds for a defense, you still need to build your case with an Attorney Landlord Eviction in Ford Lauderdale.
The Landlord is Retaliating
It is against the law to retaliate against a Tenant. If they have raised complaints about maintenance or other issues, they may not do so with a notice. If they do, you can dispute it. Florida provides protections in the following instances.
- Notified Code Enforcement of Violations
- Attempted to establish a Tenant Rights Organization
- Tenant complained that the property is not being maintained
- Tenant is part of the armed services that terminated a rental agreement by giving 30 days notice
Hire Affordable Eviction Attorneys
Tenant Rights and protections are extensive. However, not understanding the laws can work against them. With the help of Eviction Attorneys in Fort Lauderdale, you’ll have confidence knowing that you will be protected.
Contact The Law Office of Brian P. Kowal, PA for your free eviction attorney consultation. Learn how to Fight an Eviction in Florida and protect your rights.