An eviction notice can be stressful, but knowing your rights as a tenant in Florida empowers you to respond effectively. This guide will walk you through the eviction response process.
Understanding the Eviction Notice
The first step is to understand the reason for the eviction. The eviction notice should clearly state the landlord's claim, such as non-payment of rent, violation of the lease agreement, or holding over after the lease expires.
Responding Promptly is Key
Florida law grants tenants a limited window to respond to an eviction lawsuit – typically 5 business days from the service date. Timely action is crucial to avoid a default judgment that could lead to eviction.
Your Response Options
- Seek Legal Counsel: A landlord-tenant lawyer can advise on the best course of action and represent you in court.
- Self-Representing: While representing yourself is an option, ensure you understand the response requirements. Keep it concise and relevant, avoiding irrelevant details or excessive length.
Docassemble: A Free Online Tool
The Florida Bar offers a free online tool called Docassemble that can help you draft an eviction response. This tool asks you a series of questions and generates a customized response based on your situation. While Docassemble cannot provide legal advice, it can be a helpful resource to get you started. You can access Docassemble here: Florida Eviction Response Tool:
What to Include in Your Response
Your eviction response should include:
- Your name and address
- Court name and case number
- Denial of the landlord's claims (if applicable)
- Any defenses you have (e.g., timely rent payment, unrepaired issues by the landlord)
- Request for relief (e.g., staying in the property, case dismissal)
- Request for the court to determine rent deposited into the court registry
Filing and Serving Your Response
Once complete, file your response with the court clerk and mail a copy to the landlord or their attorney. (Note you can remove the part about attorneys charging a fee to file electronically – it's not universally applicable and might confuse readers.)
Court Hearing
If you request a rent determination hearing, the court will schedule one to hear both sides. Attending and presenting your defense is crucial.
Seek Additional Help
Consider seeking assistance from a lawyer or tenant advocacy organization for guidance on your rights and legal options.
Disclaimer
This blog post is for informational purposes only and does not constitute legal advice. Consult an attorney for specific legal guidance regarding your situation.
Remember, this blog post is for informational purposes only and does not constitute legal advice. It's always best to consult with an attorney for specific legal guidance regarding your situation. Contact us today to learn more about our quickest and most affordable service, the Talk to the Attorney Session!
Comments
Charlene Boria Reply
Posted Jun 14, 2024 at 02:04:42
Received an eviction notice today
Debi Rumph Reply
Posted Jun 14, 2024 at 10:08:08
Charlene, we are sorry this is happening to you. Please be careful, and reach out to us if you need our assistance. Please text us at (407) 294-9959 to see if we can assist you.
Maya Blount Reply
Posted Jun 21, 2024 at 15:50:18
If I received a summons on the 17th will I be evicted on the 24th? No clue what to do or how much time I have left
Debi Rumph Reply
Posted Jun 23, 2024 at 06:28:08
Facing an Eviction Summons? Here’s What to Know!!!
Maya, if you received a summons on the 17th, it’s crucial to understand that the eviction process has begun. You won’t be put out on the 24th, but the timeline is uncertain. Whether or not you end up evicted depends on several things:
Your Response is Critical: If you do nothing, the court could issue a default judgment against you, and eviction will likely follow quickly. Responding to the summons with skill within the five business day deadline (weekends don’t count) is the only potential way to force the court to hold a hearing and give you a chance to defend yourself or to buy yourself more time.
The Landlord’s Experience Matters: If they have a lawyer who knows the eviction process well, things might move faster.
Court and Sheriff Backlogs: Courts and sheriff’s offices are often busy, and this can cause delays. Don’t assume slowness means you’re safe; it just means the timeline is uncertain.
The Bottom Line:
This is serious: Don’t take this lightly. Eviction is a legal process, and missing deadlines can have severe consequences.
Focus on the response: Those five business days you have to respond to the summons are the most important right now.
Get help if you need it: Legal aid organizations or lawyers can guide you through the process and protect your rights.
Remember, this information doesn’t replace legal advice. It’s meant to help you understand the situation and take the next steps.
Erica sanchez Reply
Posted Jul 22, 2024 at 18:44:58
I received a termination of tenancy on July 15 (in Florida btw) and was asked to leave on today the 22nd! I’m trying to contest the notice however there’s no case number on the notice it’s just the notice with my landlords signature and ! What/how do I go about contesting it?
Debi Rumph Reply
Posted Jul 23, 2024 at 04:31:40
Hi Erica,
The initial notices are not filed with the court system. As a result, there is not usually a case number on the lease termination notices.
Therefore, I highly recommend responding to your landlord and contesting the lease termination in writing. When I write to landlords to contest eviction or lease termination notices, I usually send the writing via email AND in a way that forces the landlord to confirm receipt (overnight mail or certified mail).
I hope this helps.
Rena Dunaway Reply
Posted Aug 31, 2024 at 15:58:43
Thank you this information is helping me to assist a family that has been displaced from a housefire landlord subsequently filed a 30 day notice to vacate there are three children at home one infant and 23 adults one has disability medical issues and they are receiving SSI and survivor benefits I will be drafting up a letter to the landlord, requesting additional time due to the nature of the families composition.
Debi Rumph Reply
Posted Sep 03, 2024 at 08:08:50
Rena, it’s my pleasure! When my clients are in situations like this, I ask them to consider seeking help from a charity to help them move quickly. It may not be the best situation healthy wise to remain in the rental premises. Many similar families enjoy quick success on GoFundMe: https://www.gofundme.com/?utm_source=google&utm_medium=cpc&utm_campaign=3Q_US_Brand&utm_content=Pure_Brand&utm_term=gofundme_e_c_&gad_source=1&gclid=CjwKCAjw59q2BhBOEiwAKc0ijWmt0NeFEi0a4TT3K2ztT86hl6yd22y4fRY-6TptGDuTfo3xhQ3h8xoChuwQAvD_BwE.
I wish you and your family all the best! Please let us know if we can be of further assistance.
Philip McCorkle Reply
Posted Sep 19, 2024 at 17:58:10
Hi, I have been dealing with financial hardship since March. March is when I was laid off, I will be going to the county clerk with my response but not to take it to trial. Notice was given on Aug 8th and Eviction process began. I was handed the papers on the 14th of Sept and I was denied any attempt to pay what I was able to give them. My new lease starts October 1st however and I plan on breaking it and vacating the premises before the 30th of September. What are the procedures for confirming that I want to break my lease and for October and that I vacated before any judgment was ensued through the court. I know I don’t have alot of time but I am planning to be off the premise sooner than later and hand the keys back. My Landlord said that if I was to vacate the premise and hand the keys back they would drop the eviction trial and I would have to whatever back rent and or it would goto collections. What do I do to ensure they still don’t go through with labeling me as evicted and softening the blow?
Debi Rumph Reply
Posted Sep 20, 2024 at 06:08:37
Certainly, here’s the revised response:
It’s crucial to understand that your actions can have significant legal and financial consequences.
While breaking your lease and vacating the premises might seem like a solution, it doesn’t address the pending eviction lawsuit.
It’s strongly recommended that you promptly respond to the eviction lawsuit and consider filing a motion to determine rent. This motion requests the court to determine the amount of rent owed, ensuring you’re not held liable for excessive or unjust charges.
Additionally, seek legal advice as soon as possible. An attorney can guide you through the legal process, protect your rights, and potentially negotiate a favorable outcome with your landlord.
Remember, laws and procedures can vary, so consulting a professional familiar with your local regulations is vital.
Erica Reply
Posted Jan 24, 2025 at 06:34:40
I received an Eviction Notice after I emailed my landlord that I will be putting rent into escrow after multiple attempts to have her rectify the severe ongoing mold issue in the home. My children’s health has been deteriorating due to the mold, and also hospitalized. How should I respond?
Debi Rumph Reply
Posted Jan 24, 2025 at 07:59:49
That’s a really tough situation, and it sounds like you’ve been dealing with this mold issue for quite some time. It’s understandable that you’re concerned about your children’s health and want to find a solution that ensures their safety.
You’ve already taken some important steps by communicating with your landlord and documenting the mold problem. However, it seems like your landlord has not taken the necessary action to address the issue.
Here are some things to consider:
Your Health and Safety: The health and safety of your children should be your top priority. If the mold is severe enough to be affecting their health, it’s important to consult with a doctor and consider relocating to a safe environment.
Legal Options: You have several legal options available to you, including:
Withholding rent: While this can be a powerful tool, it’s important to be aware of the risks involved. Your landlord may retaliate by filing an eviction, which could make it difficult to find another rental property.
Terminating your lease: If the mold is deemed a health hazard, you may be able to terminate your lease without penalty.
Suing your landlord: In some cases, you may be able to sue your landlord for damages caused by the mold.
It’s important to weigh all of your options carefully and make the decision that is best for you and your family. If you’re unsure about how to proceed, it’s always a good idea to consult with an attorney who specializes in landlord-tenant law.
Here are some additional resources that you may find helpful:
Mold in Most Instances, Termination of the Lease is Your Best Remedy Period (https://www.debirumph.com/mold-in-most-instances-termination-of-the-lease-is-your-best-remedy-period): This blog post provides an overview of your legal options and discusses the pros and cons of each approach.
Free Put Your Landlord on Notice of Failing to Make Repairs (https://www.debirumph.com/free-put-your-landlord-on-notice-of-failing-to-make-repairs): This article provides a sample letter that you can send to your landlord to put them on notice of the mold issue and demand that they take action to resolve it.
Remember, you don’t have to put up with unsafe living conditions. Take action to protect your health and well-being, and don’t be afraid to seek legal help if necessary.
Andrea Reply
Posted Feb 02, 2025 at 09:09:19
I’ve recently received an eviction notice Jan 30th, however, I spoke to Management and they advised I had until Feb 1st to come up with the full amount. They never gave me a chance to rectify the situation before the 1st and proceeded with the process. Can you assist with how to respond to the 5 day notice including this part? I am currently 2 months behind on rent and have funds I can give to the courts.
Thanks
Debi Rumph Reply
Posted Feb 03, 2025 at 06:36:27
Hi Andrea,
It sounds like you’re in a stressful situation, and it’s important to understand the difference between an eviction notice and an eviction summons. A 3-day notice is often a precursor to the actual eviction lawsuit. If you’ve received a 5-day summons, that means the eviction process has officially begun in court, and you likely received a 3-day notice beforehand.
You mentioned the property management gave you until February 1st to pay, but then proceeded with the eviction process anyway. This is where things can get tricky. Florida law has specific procedures landlords must follow, and any missteps could potentially be grounds for a defense.
You also mentioned having funds to give to the court. Whether or not to deposit those funds is a strategic decision with potential risks and rewards. Depositing the full amount might lead to a settlement or dismissal, but it’s not guaranteed. Many tenants deposit the money, only to still be evicted. On the other hand, not depositing the money and failing to file a proper motion to determine rent can also lead to eviction. It’s a real gamble!
Because responding to evictions can be so complex, I highly recommend you check out this blog post: [https://www.debirumph.com/facing-eviction-in-florida-here-s-how-to-respond](https://www.debirumph.com/facing-eviction-in-florida-here-s-how-to-respond)
It outlines the steps involved in responding to an eviction summons and what to consider. It also discusses the motion to determine rent, which, as I mentioned, is a complex legal maneuver.
Navigating an eviction can be incredibly difficult, and even seemingly simple questions often have complicated answers. We help tenants with evictions all the time and can help you understand your rights and options. Don’t hesitate to contact us for services if you need us. It’s best to be prepared for all possible outcomes and have a solid strategy in place.
Erica Reply
Posted Feb 09, 2025 at 21:51:59
I wanted to let you know that you’re absolutely amazing before stating my situation. Every single one of your responses are kind and thoughtful.
Ok here we go, I have lived in my Orange County apartment complex since 2017 and never missed a payment or caused any trouble. There are no violations. The last day to pay the rent penalty free is the 5th of every month. My intention is to leave voluntarily by the 20th. Based on your experience do you believe that I could be dragged out by the sheriff within less then two weeks? Any advice to slow down the eviction process would be greatly appreciated. Thank you?
Debi Rumph Reply
Posted Feb 10, 2025 at 06:58:05
Thank you so much for your kind words! I really appreciate it. It’s always a pleasure to help people navigate these often stressful situations.
To answer your question about the possibility of being evicted quickly, it depends on a few key factors, primarily whether you’ve already been served with a 3-day notice or a 5-day summons. These are two very different stages in the eviction process.
A 3-day notice is typically the first step a landlord takes before formally initiating eviction proceedings in court. A 5-day summons, on the other hand, means the lawsuit has been filed, and you’re being formally notified to appear in court.
So, have you received either of these documents yet? Knowing this will help determine the best strategy to slow down the eviction process and give you more time to move out voluntarily. There are definitely ways to navigate this, and we can explore those options once we know where you are in the process.
Leave a Comment