Eviction Response Steps Florida

Summary

In Florida, responding to an eviction complaint involves reading the complaint, contacting legal aid, preparing and filing your answer, serving the landlord, and attending the hearing. A Motion to Stay can be filed to request more time before eviction. If unable to pay rent into the court registry, file a Motion to Determine Rent. Text messages can serve as notice for repairs, and you can request a jury trial in your response. Pending Social Security disability applications and medical issues can be cited as hardships. Apply for indigent status to waive court fees. Always consult a legal professional for specific advice.

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I need step-by-step process on how to reply to an eviction complaint.
Sure Crystal, I can help provide general steps on how to reply to an eviction complaint. However, the exact process may vary based on your location. Could you please provide the state where this is happening?
Florida.
Hello Crystal,
In Florida, here are the general steps to respond to an eviction notice:
*. Read the complaint carefully.
*. Contact a local legal aid office.
*. Prepare your answer.
*. File your answer with the clerk of court.
*. Serve the landlord.
*. Attend the hearing.
Please consult with a legal professional for specific advice.
When would I file a motion to stay for the eviction
Hello Crystal, a Motion to Stay is typically filed after a judgment of eviction is entered, but before the eviction is executed. It's used to request more time before having to leave the property. Always consult a legal professional for advice specific to your situation.
is a motion to stay for an eviction, the same thing as answering a eviction complaint.
No, they're not the same. Answering an eviction complaint is responding to the complaint itself, making your case. A motion to stay is a request to pause the eviction after a judgment, often to buy more time. Always consult a legal professional.
What if I am unable to pay any of the rent to the court registry what do I file for that?
If you can't afford to pay rent into the court registry in Florida, you may file a Motion to Determine Rent. This allows the court to set an amount you must pay. Remember, it's important to consult with a legal professional for advice specific to your situation.
do I still file a motion to determine rent even if the amount that I agree is owed is what I’m not able to pay at the moment I’m requesting an extension basically to pay everything up.
Yes, Crystal. If you're unable to pay the agreed amount, filing a Motion to Determine Rent can help. You may also consider filing a Motion to Stay, asking the court for more time to pay. Always consult a legal professional.
Can I go ahead and file that motion to stay and explaining my defense as to why I need that extension or more time? Before the judgment is entered
Yes, Crystal. You can file a Motion to Stay before the judgment is entered. It's crucial to explain your defense and reasons for needing more time. However, the court's decision will depend on your specific circumstances. Always consult a legal professional.
When I am responding in my answer, do I have to put everything as paragraphs or can I just type out one long explanation?
When responding to an eviction complaint, it's generally best to structure your response in clear paragraphs. This helps the court understand each of your defenses. However, it's important to consult with a legal professional to ensure your response is properly formatted.
so you think it would be best that I break it down it’s individual situations because there are a few that are actually leading up to the reason why we are so far behind on rent.
Yes, Crystal. Breaking down your response into individual situations can help the court understand your circumstances better. It's crucial to clearly and concisely explain each situation that led to your inability to pay rent. Always seek advice from a legal professional.
my landlords, our husband and wife that are currently going through a very bad divorce they constantly give me a push and pull is that grounds for them not to be able to evict me because they are unclear about where I should pay rent one will try to have me pay rent them to avoid giving it to the
Hello Crystal, in Florida, landlords must provide clear instructions on rent payment. If you can prove they were unclear, it could be seen as a valid defense against eviction. However, the success of this defense may vary. Always consult a legal professional.
Does text count as notifying the landlord. about repairs needed? We have floors that are unfinished. They are unsealed concrete and posing health issues. The landlord and I had discussed the possibility of getting the floors repaired, but he told me that because of his divorce pending no repairs could be..
In Florida, text messages can indeed serve as a form of written notice to your landlord regarding needed repairs. However, it's advisable to also send a certified letter to keep a formal record. Always consult a legal professional.
When filing my answer, should I print out those text messages and include them with it
Yes, Crystal. Including printed text messages as evidence can support your claims about the condition of the property and your landlord's responses. However, ensure they are legible and relevant. Always consult a legal professional.
is there such thing as requesting a jury to make the final judgment.
Yes, Crystal. In Florida, you may request a jury trial for eviction proceedings. It's important to make this request in your written response to the eviction complaint. However, not all cases may qualify, so always consult a legal professional.
I understand that every case is different are you able to generalize what cases usually qualify for a jury proceeding?
In general, jury trials are more common in criminal cases or civil lawsuits involving significant claims. For eviction cases, it may depend on the complexity of the case, the evidence presented, and the jurisdiction's rules. Always consult a legal professional in your area.
if I am pending a Social Security disability application, are they able to still evict me?
Pending a Social Security disability application does not automatically protect you from eviction. However, you could ask the court for a delay due to hardship. Please consult a legal professional for advice specific to your situation.
so that could be one of my bullet points as to my hardship?
Yes, Crystal. The pending Social Security disability application could be included as a point of hardship in your Motion to Stay or other court filings. Always consult with a legal professional for tailored advice.
my husband and I both actually have very dire medical issues. Do I have to include every last medical record or am I able to include just a generalized summary from my physician as to what illnesses we have in the initial answer
You can include a generalized summary from your physician in the initial answer. However, you may be asked for more detailed medical records later on. Always consult a legal professional for advice specific to your situation.
am I able to list those medical issues and then obtain those medical records later instead? Because I need to turn in this paperwork today and there wouldn’t be time for me to have medical records printed out or even a summary from my physician printed out although I do have hospital records stating this but again, my time is not on my side right now.
Yes, Crystal. You may list the medical issues in your response now and submit detailed records later when possible. Remember, each court may have different requirements. Please consult a legal professional for advice specific to your situation.
Once I file my answer, do I have to have the paperwork officially serve that they serve process server? Or am I able to post it on the landlords door or have it certified mailed?
In Florida, after filing your answer, you must serve the landlord. This can be done by certified mail, return receipt requested, or by using a process server. Posting on the door is generally not accepted. Always consult a legal professional for specific advice.
How much does a process server usually cost?
Process server costs can vary, but typically they range from $* to $*, depending on the location and complexity of the service. Keep in mind that some jurisdictions may have rules about who can serve legal papers. Always consult with a legal professional in your area.
is there any kind of indigent application I can use to get a process server when I say that our financials are so tight right now. No joke.
Yes, Crystal. In Florida, you can apply for 'Indigent Status' which may waive certain court fees, including process server costs. This application is usually filed at the same time as your answer. Always consult with a legal professional for specific advice.
so even an eviction when I’m the tenant, I can still apply for indigent status? When my husband needs to apply to her or do we apply as a couple on one application
Yes, Crystal, even as a tenant facing eviction, you can apply for indigent status in Florida. You and your husband can apply jointly on one application, since you're considered a household. Always consult a legal professional for specific advice.
He’s already signed our answer that I put together. Does he have to be there when I file that?
No, Crystal, your husband doesn't need to be present when you file the answer if he's already signed it. However, he should be present for any hearings unless excused by the court. Always consult a legal professional.
For sure definitely we will plan for that. I understand that there’s no specific time in every court is different but on a generalized do you have an idea on how quickly judge usually schedules a hearing approximately
A hearing date depends on the court's schedule, but in Florida, an eviction hearing is typically scheduled within * to 30 days after the landlord's request. Always consult a legal professional for specific advice.
Thank you for your help. This sucks that my landlord decided to wait five months after working with us during those five months to all of a sudden do an eviction right before the holidays really sucks.
I understand that this is a difficult situation, Crystal, especially during the holiday season. Remember, it's important to consult with a legal professional in your area for advice tailored to your specific circumstances. Stay strong and take care.
so I one more question with that can I make that appointment as well? Sorry for all the questions but I guess that’s what I’m here for ha ha. Can I make that a bullet point on one of my responses in my answer that the landlord had waited for such a lengthy time Just to turn around and about an eviction before Christmas
Yes, Crystal, you can include the landlord's delay in taking action as a point in your response. However, the effectiveness of this argument can vary. Always consult with a legal professional for specific advice.
I guess the more details and the more things I can include in there the better right as long as it’s clear.
Yes, Crystal. Providing detailed, clear, and well-structured information can help in presenting your case. It's crucial to focus on relevant facts. Always consult with a legal professional for specific advice.