Port Richey Real Estate Attorney Talks Residential Evictions
Florida statutes Chapter 83 Part II governs residential evictions. The first step of an eviction is where the landlord is required to serve a 3 day notice and post the notice at the property.
After 3 days, which does not include weekends or holidays, a landlord may proceed with an eviction action to regain possession. If the landlord also wants a money judgment in addition to possession, a landlord is required to have an additional count in their complaint for money damages. Once a complaint has been filed against the tenant, the tenant has 5 days to either 1. Place the rent money disputed in the complaint into the court registry; or 2. If there is a dispute over how much is owed, file a Motion to Determine Rent.
A Motion to Determine Rent is generally for the situation in which the tenant thinks they are supposed to pay y, but the landlord thinks the tenant is supposed to pay x; and therefore there is uncertainty as to the amount of monthly rent due. In the event the tenant does not either file a Motion to Determine Rent OR place the money in the court registry within 5 days, the tenant WAIVES ALL DEFENSES. Therefore, if there is a dispute that the landlord was required to fix something on the property but didn’t and therefore the tenant withheld rent, that is a defense that is absolutely waived unless the full amount alleged, or Blackjack on ainut kasinopeli , jossa on muuttuvat todennakoisyydet, jotka riippuvat korttipakan sisallosta. as determined by the Court, is placed in the court registry.
Author: Kris Hudson – Attorney with Booth & Cook, P.A
Note: The information contained herein is for informational purposes only as a service to the public, and does not constitute legal advice or act as a substitute for legal counsel. If you have any questions or have a situation pertaining to this area of law, consult with an attorney as every case is different. The information contained herein should not be relied on as a substitute for counsel and may or may not reflect the most current legal developments and is therefore not promised or guaranteed to be correct or complete.
Topic: Residential Evictions – Port Richey Real Estate Attorney