Once a Landlord files an Eviction, a Tenant has five days to respond. Depending on their answer, the Judge may set the case for hearing. If that occurs, a Landlord should contact an Eviction Lawyer to represent them at the hearing. This can offer them the best chance of being successful. Therefore, if you have questions about what Florida Landlords need to know about Eviction Hearings for Non-Payment of Rent, contact 954 Eviction Lawyers at 954.323.2529.
What Landlords need to know about Eviction Hearings for Non-Payment of Rent
There are two types of Eviction Hearings. There is a Motion to Determine Rent and a Final Hearing.
Rent Determination Hearing
If a Landlord sues a Tenant for Non-Payment, a Tenant will need to respond. If they believe that the complaint states an incorrect amount of rent owed, they usually file a Motion to Determine Rent. However, they still need to deposit the rent they believe is owed into the Registry. Once a Judge receives the Motion, it will be set for a Rent Determination hearing. This allows the Court to determine the amount of rent owed.
At the hearing, the Tenant will argue that they paid the amount of rent stated in the Complaint. Usually they provide proof of payments made. However, they may argue that they were not required to pay the full amount because they lawfully withheld rent. On the other hand, a Landlord’s Attorney will argue that full payment has not been received. Further, they will introduce proof of payments given to them by the Tenant. Once the Court hears the arguments, they will determine the amount of rent owed.
If the Tenant deposits rent into the Registry, the Court will set a Final Hearing. Depending on how complex the case is, the Hearing lasts between ten to thirty minutes. If the Landlord is represented an Attorney, the Landlord will also be required to be present. The Judge usually allows the Landlord to present their case. If they can show that the payments were not made, the Court will likely enter a Final Judgment of Eviction.
After the Landlord is finished, the Tenant will argue their reasons for not paying the full amount of rent. Unless they have a legitimate defense for withholding rent, a Court will likely rule against them and a Judgment will be entered.
If you are a Florida Landlord and have questions about Eviction Hearings for Non-Payment of Rent, contact 954 Eviction Attorneys at 954.323.2529. We represent Landlords in Broward and Palm Beach County.