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!