Served with an eviction complaint? The Law Office of Brian P. Kowal, PA is waiting to help you fight, stay or delay eviction.

How Should a Tenant Respond to an Eviction?

After they are served with a 3 day notice, they can pay or vacate the property. If they decide not to pay but remain in the property, the Landlord can file a Complaint.

The Tenant has 5 days to respond. However, they may disagree with the amount in the Complaint.  If they do, they should deposit the rent they believe is owed into the Court Registry. After it is deposited, the Tenant should file a Motion to Determine Rent.

Upon filing the Motion as well as depositing the rent, the Court will order Mediation. This has proven to be an effective process.  It allows the Landlord and the Tenant to resolve any and all issues.

A Motion to Determine Rent should only be filed if the Tenant is disputing the amount that is owed. If they disagree, they should still deposit the past due rent.

Final Hearing on Eviction

If the case does not get resolved at Mediation, it will be set for a Final Hearing.  At the Hearing, the Landlord and Tenant will present their arguments to the Judge.   If they find in favor of the Landlord, a Judgment will be entered.  Thereafter, the Clerk will sign a Writ of Possession directing the Sheriff to post a 24 hour notice on the door.

If the Court finds in favor of the Tenant, they can remain in the property and recover their fees.  In addition, they may award the rent that is in the Registry to them as well.

If you are a Tenant and need to Respond to an Eviction, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552. We will answer any questions you may have regarding your rights.