A Tenant needs to be careful when responding to Eviction Complaint in Florida. The success of a Tenant’s case depends heavily on their response. On the other hand, a Tenant’s failure to respond can be disastrous as a Final Judgment of Eviction will entered against them. As a result, they will be removed from the property. Therefore, if you have been served with an Eviction complaint, contact the Law Office of Brian P. Kowal, PA.
How to Properly Respond to Eviction Complaint in Broward County, Florida
If a Tenant fails to pay rent, the Landlord serves them a 3 Day notice. As a result, the Tenant can pay the Landlord the past due rent or vacate the property. If they do not pay but stay in the property, the Landlord can file an Eviction Complaint. After being served with a Complaint, the Tenant has 5 days to respond. A Tenant should immediately review the complaint to determine whether they are being sued for the correct amount.
If the Tenant disagrees with the amount in the Complaint, they should deposit the amount they believe is owed into the Court Registry. After depositing the rent into the Court Registry, the Tenant should file a Motion to Determine Rent. Thereafter, mediation will take place. Mediation allows the parties to resolve any issues. If the case settles at mediation, the Eviction will be dismissed.
A Motion to Determine Rent should only be filed if the Tenant is disputing the amount owed. If the Tenant agrees with the amount, the Tenant should still deposit the rent into the Court Registry. Further, an Answer needs to be filed. The Court will still order mediation between the Landlord and the Tenant.
If you are a Tenant 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.