(FLORIDA) - Facing an eviction is a stressful experience that could can quickly change someone’s life. However, understanding the eviction process can be your first line of defense.undefined
In a recent Facebook Live event, Florida Rural Legal Services attorneys Tamara Williams and Mercy Hermida-Perez shed light on eviction prevention measures and defense. Williams and Hermida-Perez highlighted the key aspects and insights in their presentation that were aimed at assisting those who may raise concerns or have questions.
Attorney Williams began the presentation by emphasizing the importance of the eviction timeline. Every step in the process is time-sensitive, and tenants must act promptly to protect their rights.
Tenants typically have five days to respond to eviction notices, excluding “Saturdays, Sundays, or legal holidays,” according to Florida tenant law. Mailing a copy of your response to either your landlord or your landlord’s attorney is also needed, said Attorney Williams.
She added that in an eviction case, a summons document is served when the tenant fails to comply or leave the property. Attorney Williams explained that it is essential for tenants to carefully review the summons, as it contains crucial information regarding the eviction complaint and the landlord’s claims. Along with the summons, it was noted that the eviction complaint is also an important document, which outlines the landlord's reasons for seeking eviction. This document highlights the amount of the total past due rent. This would be the amount that you pay on the registry, plus the registry fee, explained by Attorney Williams.
Attorney Williams explained in depth the how-to’s of filing a response. The tenant goes by each paragraph number, and you either agree or deny with each paragraph. It was explained that this is an opportunity for you to make the court aware of anything that the landlord may have not done incorrectly.
Attorney Williams also touched upon the concept of a motion to determine rent. If there is an inconsistency of rent or if the Landlord is asking for more than what the actual rent is, a motion to determine rent is an important document to submit to the court. Documentation to prove the claims is required to be filed along with the motion.
The Facebook Live event also featured a question and answer session, during which the attorneys answered questions from viewers, such as “Will I get my money from the registry if I lose the eviction?” Attorney Williams explained that the tenant would not get those funds back, but that the deposited money would go to the landlord.
How FRLS Can Help: If you or anyone you know could benefit from eviction prevention or other forms of legal aid, visit https://www.frls.org/housing-law or us at 1-(888)-582-3410.