The Florida Eviction Process is not always straightforward. Some cases take longer as a result of the Tenant filing a Motion to Determine Rent. Therefore, a Landlord should respond to a Motion to Determine Rent within twenty-four hours. If you need to Evict a Tenant for any legal reason, contact 954 Eviction Attorneys at (954) 323-2529.
A Motion to Determine Rent needs to be addressed Immediately
Landlords generally are in control of the Eviction Process. If a Tenant fails to pay, the Landlord can file an Eviction against them. Thereafter, a Final Judgment of Eviction is usually entered. However, there are times when a Tenant may have a defense. For example, if the 3 day notice is defective, they can file a Motion to Determine Rent. This can be problematic for a Landlord and could result in the Dismissal of the Case. If this occurs, the Landlord can respond to the Motion to Determine Rent or serve the Tenant with a correct three day notice.
If the Landlord decides to respond to the Motion to Determine Rent, they can argue that the Tenant did not deposit the correct amount into the Registry. As stated in the Statute, they must deposit all rent due and owing. Therefore, if they fail to do it, the Landlord can file a Motion to Strike. Some Courts will grant this Motion. Others require a hearing on the Motion. As a result, the parties will be required to provide all documentation substantiating their claim. After the hearing is held, the Court will usually enter an order requiring the Defendant to deposit a determined amount. If the ordered amount is not deposited, a Final Judgment of Eviction will be entered against the Tenant.
Landlords should recognize that the Eviction process should always be handled by a Landlord Lawyer. They can avoid having their case dismissed or lose a substantial amount of rent due to the delays that can occur. If you are a South Florida Landlord and need to evict a Tenant, contact the 954 Eviction Attorneys, PLLC at (954) 323-2529.
