A Tenant needs to be careful when they respond to Eviction Complaint in Broward County. The success of their case depends heavily on their response. On the other hand, their 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, contact the Law Office of Brian P. Kowal, PA.
How to 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, they can pay 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. A Tenant has 5 days to respond to the Complaint.
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, the Tenant should file a Motion to Determine Rent. Thereafter, a mediation will take place. This allows the parties to resolve any issues. If the case settles, the Eviction will be dismissed.
A Motion to Determine Rent should only be filed if the Tenant is disputing the amount. If they agree 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 they are unable to resolve the case at Mediation, a Final Hearing will be ordered.
What can a Tenant Expect at the Final Hearing?
This usually occurs 2 weeks after the Mediation. The Judge will listen to the arguments from the Landlord and Tenant. They will ultimately rule for one side. If the Judge rules for the Landlord, a Final Judgment of Eviction will be entered against the Tenant. As a result, they will be required to vacate the property once they receive the 24 hour notice. If the Judge rules for the Tenant, the Eviction will be dismissed and they can remain in the property. In addition, if they are represented by an Attorney, the Tenant will be able to recover their Attorney’s Fees and Costs.
If you are a Tenant and have been served with an Eviction Complaint, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552. Brian P. Kowal, Esq. is always available to answer any questions you may have regarding your rights as a Tenant.