The best advice is always to pay your rent. But sometimes life gets in the way and the money flowing out of your pocket is faster than the money flowing in. Your landlord owns the place you live, so it’s always worthwhile to work with the landlord. A happy landlord can make your life easier.
But sometimes, the landlord is not nice. There are repairs the landlord won’t do and you end up paying for them. You tell the landlord and you deduct it from the rent. But the landlord likes his money. More repairs are needed and you have finally had enough. You tell the landlord you’re not going to pay rent until the problems are fixed.
3-Day Notice
A few days later you get a 3-Day Notice in the mail. It tells you to pay the rent or move out. The 3-Day Notice is the start of the legal process for eviction. It is issued by the Landlord, or his agent or attorney, and does not require anything from the Court. There is some suggested language in the Florida Statutes (Chapter 83.56(3)). It is recommended the landlord use that language, but it is not mandatory. The only necessary information is the amount, the address and the demand for payment or possession. The 3-Day Notice will be an attachment to the Complaint as proof the landlord gave you an opportunity to cure (to pay the rent). If you do not move out or pay the rent, the landlord can then file a Complaint.
Complaint
The landlord now has to go to the County Court. Most of the time, the documents and instructions for eviction are available on-line. The Clerk of the Court will issue a Summons. The landlord can either use the Sheriff or their own local process server to serve both the Summons and the Complaint on you. Trying to hide from the process server or Sheriff won’t work. If they cannot serve you in person, they have an option to post it on the door. Either way, you have been served. For whatever reason, you decide to fight. What are your options?
Option 1 – Pay the Rent
You always have the option to pay the rent. You have five days after receiving the Summons and Complaint. This would dismiss the case against you. Be aware that your landlord would be the prevailing party and have a right to collect court costs and attorneys’ fees from you.
Option 2 – Move
You always have the option to move. But whatever you do, you have only five days from the time you got the summons. After that, the landlord can obtain a Writ of Possession from the Clerk of the Court. The Sheriff posts that on your door. At least 24 hours later, the Sheriff will return with the landlord. The landlord can have you removed and change the locks.
Option 3 – File Motion to Determine Rent
Some tenants are forced to make repairs to their homes because the landlord is unable or unwilling to make those repairs. Often times the tenant will deduct the amount of the repair from the rent. The landlord may object and claim more rent payment is due. Eventually this disagreement could escalate into the landlord evicting the tenant. The complaint may list an amount owed that seems excessive. If this is your situation, then you can file a Motion to Determine Rent in response to the Complaint. You will need to include documentation to support your allegation the rent, as stated in the complaint, is wrong. This would include the receipts for the repairs and showing that amount being deducted from the rent payment. The landlord will argue the repairs were not authorized and were not necessary. This is where the judge has to make a decision on if the repairs were justified. The judge will decide the rent amount. Then you have to perform Options 1, 2, or 4.
Option 4 – File Any Other Motion
If you interpose any defense other than payment, you must pay into the court registry the accrued rent as alleged in the complaint or as determined by the court (if you did Option 3 first). You will also need to periodically add rent which accrues during the action for eviction. This is the part most tenants fail to perform. A judge wrote in one case, “The Legislature has provided that failure to post unpaid rent is not merely a waiver; it is an absolute waiver. The landlord is not merely entitled to a judgment; the landlord is entitled to an immediate judgment. The use of such strong language indicates to this Court that the Legislature was comprehensive in its intentions as to the effect of the statute.”
Quest Int’l Inv., Inc. v. Stanley, 16 Fla. L. Weekly Supp. 586b (Fla. Broward Cty. Ct. Apr. 14, 2009)
Conclusion
You have a right to fight an eviction action. Some people try to use the system to gain a few extra months of free rent. To prevent someone staying without paying, the Legislature created the requirement for placing rent payments in the court registry. If the tenant wins, they get the money back from the registry. If the landlord wins, they get the money. Good luck.