When Should a Tenant File a Motion to Determine Rent in Florida

When is the right time to File a Motion to Determine Rent?

After a Tenant receives a 3 day notice for failure to pay rent, they have 3 options.

  1. Pay Rent
  2. Vacate the property
  3. Not take any action and wait to be served with a Complaint.

If the Tenant does not take any action, they will be served with a Complaint.  They will then have 5 days to respond. A Tenant can file a Motion to Determine Rent (How do I respond to an Eviction Complaint in the State of Florida) if they believe they are being sued for the incorrect amount.  This Motion requests that the Court determine the amount of rent owed.   The Court will then set a hearing on the Motion and will determine the amount owed. Furthermore, they will order the Tenant to deposit the amount into the Court Registry.  As a result of the Tenant filing this Motion, they can always file an Answer.

If the Tenant does not deposit the amount into the Court Registry, a Final Judgment of Eviction will be entered. If the Tenant deposits the amount into the Court Registry, a Final Hearing will take place.   It is important to note that a Tenant’s right to withhold rent from the Landlord is governed by Florida Statute 83.60.

If you are a Tenant in the State of Florida and have been served with an Eviction Complaint by your Landlord, contact the Law Office of Brian P. Kowal, PA today at (954) 990-7552 or via email at briankowal@bkowallaw.com. Our office represents Tenants in Palm Beach County, Broward County, and Miami-Dade County.