Once a Tenant responds to the Complaint, a Landlord needs to determine how to move the case to a Final Hearing. Unfortunately, without knowledge of the Process, their case can end up in the wrong direction. Therefore, their best option is to hire a Florida Eviction Lawyer. If you have questions about when should a Florida Landlord file a Motion to Strike, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
When Should a Florida Landlord file a Motion to Strike?
The best time to do so is after a Tenant files a response. As a result, the process goes quickly and a Judgment is entered by the Court. This however does not happen all the time. In many cases, a Tenant will file an Answer wherein they allege defenses including payment of rent or compliance with the lease. It all depends on the type of Eviction that was filed.
Non-Payment of Rent Eviction
If a Tenant files a response alleging a defense other than payment of rent, a Landlord needs to file a Motion to Strike. However, a Tenant still needs to pay the rent that is due and owing into the Registry. If they do not, a Landlord must file the Motion requesting the Court to strike the Answer. As a result, a Final Judgment will be entered.
Some Evictions are filed for reasons not related to rent. If a Tenant responds alleging they are not in breach, a Landlord should file a Motion to Strike. In addition, they need to show it was committed and the Tenant failed to cure it. If the Court grants it, a default will be entered and then a Final Judgment.
Even if the Tenant deposits the rent into the Registry, they have an obligation to pay it during the case. If they fail to do so, the Landlord needs to file a motion to strike. This will help move the case to Judgment or at allow the Court to enter an order requiring the Tenant to deposit. In this situation, it does not matter the type of Eviction that was filed.
A Florida Landlord should file a Motion to Strike after a Tenant files a response. If you have questions about the Eviction Process, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.