After a Tenant is served with a three (3) day notice in the State of Florida, they have either three (3) days to pay the Landlord the amount stated in the notice or vacate the property. If the Tenant decides not to pay the rent but remain in the property, the Landlord has the right to file an Eviction Complaint against the Tenant after the three (3) day expires.
After being served with the Eviction Complaint, the Tenant has five (5) business days to respond. If the Tenant decides that they disagree with the amount that the Eviction Complaint alleges is owed by the Tenant, the Tenant should deposit the amount they believe is owed to the Landlord into the Court Registry. After the Tenant deposits the money into the Court Registry, the Tenant should file a Motion to Determine Rent with the Court.
Upon filing a Motion to Determine Rent as well as depositing the amount that the Tenant believes is owed to the Landlord into the Court Registry, the Court will likely order a Mediation between the Landlord and the Tenant. Mediation has proven to be a highly effective process that allows the Landlord and the Tenant to resolve any issues regarding the past due rent.
A Motion to Determine Rent should only be filed If the Tenant is disputing the amount that the Complaint claims they owe. If the Tenant does not disagree with the amount stated in the Complaint, the Tenant should still deposit the past due rent into the Court Registry but should only file an Answer. The Court will still likely order a mediation between the Landlord and the Tenant.
If you are a Tenant in Miami-Dade County, Broward County, or Palm Beach County and have been served with an Eviction Complaint, contact the Law Office of Brian P. Kowal, PA today at (954) 990-7552. Brian P. Kowal, Esq. is always available to answer any questions you may have regarding your rights as a Tenant.