| by Kenneth Chase | 53 comments

How to Answer Your Eviction for Non Payment of Rent


Hello, my name is Jacqueline Ledon. I am
an attorney at Legal Services of Greater Miami. In this video, I will provide you
with an overview of the eviction process. What is an eviction? An eviction is the
legal process used by a landlord to remove a tenant from her home.
Florida law establishes the process for how a landlord can evict a tenant. The
landlord must follow these laws. For evictions, the courts use a process
called “summary procedure” which means that evictions can move very quickly.
Most evictions are for non-payment of rent. In this video, we will only discuss
evictions based on non-payment of rent. A landlord can’t just bring an eviction
action against you. First, before the landlord can file an eviction, he must
give you a three day notice demanding that you pay the rent you owe or leave
the property. A three-day notice generally looks like
this: but many notices are defective.
Remember, the landlord should only demand rent in the three-day notice. The
landlord cannot demand late fees or other costs unless the lease defines
them as rent. The three-day notice can be mailed or posted on your door. If you
have the money to pay, you should pay it directly to the landlord. Be sure to get
a receipt as proof of your payment and keep this in a safe place. If you don’t
leave or pay what you owe the landlord can file an eviction lawsuit also called
a Complaint for Eviction. A Complaint for Eviction
is when the court case begins. Attached to the complaint of eviction is the
Summons. The Summons gives you instructions on how to respond to the
complaint and where you need to file your response.
The landlord is required to serve you with the Summons and Complaint. Service
is when a process server gives you or someone who lives in your house, who is
at least 16 years old, the Summons and Complaint. The landlord can also serve
the summons and complaint by posting them on your door. The clerk of court
should also mail you a copy. You will have five business days after receiving
the summons and eviction complaint to file a response with the court. This does
not include weekends or court holidays. In your answer, you should explain why
you should not be evicted. Before you file your answer you should read your
lease agreement, particularly the part about evictions. In your lease, The part
referring to evictions might be called “default.” For instance, your lease may say
that the landlord needs to send you a 15-day notice instead of the 3-day
notice before evicting you. In this case, if your landlord sends you a 3-day
notice, you could use that as a defense in your answer. You should also state in
your answer that the eviction case should be dismissed because of the
defective notice. In your answer, you should explain in detail what defenses
you have. Examples include the conditions in your unit are so bad you should not
have to pay the full amount of rent or you paid the rent and the Landlord is
falsely claiming that you did not pay or the landlord is demanding the incorrect
amount of rent. You may also request a jury trial in your answer. There are two
types of trials, trial by a jury and trials by a judge. If you fail to request
a jury trial in your answer you will have waived your right to a trial by
jury. If there is rent owing you are required
to pay it to the court at the same time you file your answer. Please note the
court charges a fee of three percent of the rent you pay into the court. If you
disagree with the amount of rent that your landlord is demanding in the
complaint, instead of depositing your rent into the court you must file a
separate response called a “motion to determine rent.” In the motion to
determine rent, state why you disagree with the amount of rent demanded in the
complaint. In your motion, you should also request the court to set a hearing to
determine the amount of rent you should have to pay into the court. If you have
any proof of what the correct amount of rent is, like receipts or a letter from
your landlord, you must attach a copy of it to your motion to determine rent. On
both your answer and motion to determine rent you should put the red case number
that is listed on the eviction complaint as well as the names of the parties. It
will look like this: Remember, as the case goes along you are
required to pay your rent into the court every month when it is due. If you do not
pay your rent into the court each month there is a chance you will lose your
case automatically. Even if you have requested a hearing in your motion to
determine rent, some judges will require you to pay a certain amount of rent into
the court before they give you a hearing. Legal Services of Greater Miami believes
that you are entitled to a hearing if you file a valid answer and motion to
determine rent but some judges may issue an order requiring you to pay money into
the court prior to scheduling a hearing. If you fail to pay the money by the
deadline given by the judge a default final judgment may be entered
which means you automatically lose the case and you will be evicted. If you fail
to respond to the eviction complaint the judge will most likely enter a final
judgment for eviction against you. That means you will automatically be evicted
without a hearing. You can visit our website at www.lsgmi.org And click on the getting help tab for access to our self-help materials I hope you have found this information
useful. Thank you.

53 Comments

Pro Legal

Jun 6, 2016, 1:27 am Reply

ALL OF YOU SHOULD HAVE CALLED EVICTION HELP 911 . I FOUND THEM ON CRAIGSLIST AND GOT ME TIME TO MOVE , NO EVICTION ON MY CREDIT, AND GOT TO SAVE MONEY TO FIND A SAFE CLEAN PLACE FOR ME AND MY FAMILY. THY HELP IN ALL OF CALIFORNIA .800-818-0109 FREE CONSULTATION

KG THA P

Oct 10, 2016, 9:42 pm Reply

How long does it take for rental history to remove off of your credit

KG THA P

Oct 10, 2016, 9:42 pm Reply

How long does it take for rental history to remove off of your credit

Maximus K

Dec 12, 2016, 5:26 am Reply

It just happened to me. I was in process of job changing and obviously couldn't pay. It sucks ! I asked my slumlord to give me some 2 week break so I could get my two pays to pay my past due but she was firm to evict me.

nina simone

Dec 12, 2016, 5:11 am Reply

I'm less than a year in HUD section 8 and have a trouble making neighbor whose in violations. Has told many lies on me (loud music) which never happen, my apartment was enter by key and many personal items were stolen. When I file written complaints and call police, I was told by telephone region manager to pack and get out. Regional manager refuse to hear anything I had to say. He also stated another lease agreement will not be offer me. I have not been served an eviction notice. I haven't move out yet because I've done no wrong. I was never given an opportunity to defend myself of false allegations. I've been harassed every since I moved in the property by site manager and maintenance. They've told sever lies on me and someone was given a key for entrance. What's my rights? I got pictures of neighbors cooking on grill that tenants aren't suppose to have. What do I do???

mr rebel

Jan 1, 2017, 2:33 am Reply

our landlord refused rent payment after we asked them to fix sewage leak that runs from under house to driveway,also strong sewage smell inside house. now trying to evict.

In Real Tyme

Mar 3, 2017, 4:47 pm Reply

"from HER home" she says … VERY SEXIEST ISNT SHE LOL

joannamccloud

May 5, 2017, 3:15 pm Reply

my rent is 720 for apartment it rains from my living room ceiling when it rains outside I live on the 2ns floor an apartment is above and below mine a person from down town has been here twice this has been 3 years I've lived on the property for 28 years can't afford to move with my current rent cost I want to move and get rent refunded for this situation length.

popeye sailor

May 5, 2017, 5:26 pm Reply

I have been approved for a place but the tenant didn't respond. they filed the eviction friday. it is monday. I have two weeks and two days to be out of where I am now. I wonder how long this will take?

Rosita Brown

May 5, 2017, 2:35 pm Reply

My daughter lives in a housing development missed her court date for eviction because her oldest son committed a crime on the property. The court date was to evict her but the landlord had already verbally stated that as long as her son, who is now 17, did not come to her house, she would not be evicted. She has 4 other minor children, no job & nowhere to go, especially with 4 kids!! What can she do to remain in her subsidized housing? I'm on a fixed income & can't help her but please tell me how or what to do!!!

Naasiha Siddiqui

Jun 6, 2017, 7:24 pm Reply

why is this music playing while the eviction process is being described- it's super distracting. like who wants to chill out while learning about this.

BONA FIDE

Sep 9, 2017, 3:49 pm Reply

Tenants matter too!!

Scotty BoomBoom

Sep 9, 2017, 6:16 pm Reply

Not too sexist is she? Do men not get evicted? The backlash is going to be brutal ladies it'll last for decades.

MGTOW Bro

Oct 10, 2017, 8:34 pm Reply

If asbestos is found can I cancel the rental agreement with my tenants in order to remove it?

DELIVERANCE

Oct 10, 2017, 1:37 am Reply

Sounds like the landlord is screwed. Tenant is still in the apartment. Seems like Florida favors tenants. If the tenant does not vacate after non payment of rent, seems like there is no recourse to rid the tenant as he destroys your apartment.

Chris Kennedy

Nov 11, 2017, 11:26 am Reply

get out you bums a landlord doesnt need a reason to get rid of ya.

Brandon Fason

Dec 12, 2017, 6:36 am Reply

can you pay eviction in court

e2sguy

Feb 2, 2018, 1:03 am Reply

Ambulance chasing is big business

ohmy love

Feb 2, 2018, 8:14 pm Reply

Only losers get eviction notices. Pathetic it is.

Indu Sabhachandani

Mar 3, 2018, 8:35 am Reply

mere tenant ne Me ri shop ko rent par dekar rent khud leta hae

Indu Sabhachandani

Mar 3, 2018, 2:11 pm Reply

kiraedar ne Me ri shop ko kisi aor ko rent per Dedi

Chunderbutt

May 5, 2018, 7:53 pm Reply

If you can’t pay the rent, move out.

Thiago Coelho

May 5, 2018, 9:54 am Reply

Just fuck pay the rent….some people is a fuck scambag…

brian rodney

Jun 6, 2018, 4:46 am Reply

The word " must " does not appear to apply to tenants.

Irene Guerrero

Jun 6, 2018, 2:29 pm Reply

Very Informative, Ty

william f

Jul 7, 2018, 2:07 am Reply

Seems ironic that it costs money to try and avoid eviction when having not enough money is the reason your being evicted – tenants in UK have a lot more rights i think

Alfonso F Palma

Jul 7, 2018, 9:45 pm Reply

What if the eviction is because the landlord sold the house and the new landlord just don’t want you in a he property??

X X

Aug 8, 2018, 8:51 pm Reply

Stupid ass courthouse is lasvegas gave us the wrong papers!!!! And I had a leak in my apartment!!! At stpid Stewart arms with fuckin Mexican Myra Gomez ?? go homeless bitch!!!!!!

Michael Long

Sep 9, 2018, 8:34 pm Reply

What if you own the home your living in but not the property but your being evicted anyways do to being behind on the property rent

Cuarajhy Rojayju

Sep 9, 2018, 9:35 pm Reply

If the eviction is dismissed just file a new one the tenants has to move out no matter what if they don’t pay they have to go and after the eviction suit tenants for damages and lost rent income then attach their paycheck or bank account or incontax return and they will ruin their Records and credits it be better just to pay or move out no matter where you go you have to pay rent, nothing is for free in life nothing landlord and tenants can have a dispute but tenants still have to pay rents.

Onosai Leota

Oct 10, 2018, 7:25 am Reply

Rent will be a thing in our past

Onosai Leota

Oct 10, 2018, 7:26 am Reply

What is money? Eat it then

Joshua Wilson

Oct 10, 2018, 5:54 pm Reply

What if the landlord said he wanted 2000 and when we went to court the judge said we owed 450?

mercoid

Oct 10, 2018, 6:01 am Reply

I evict people !!!!!!!

mercoid

Oct 10, 2018, 6:01 am Reply

I cause human suffering via eviction!!!!!!!! Fuck!!!

Onosai Leota

Oct 10, 2018, 3:42 am Reply

Mercoid you beat it. And take your money then eat it. STUPID!!!! It's Fact money will be gone by 2020

Home Solution Providers LLC

Nov 11, 2018, 4:19 pm Reply

Home Solution Providers can help you stop eviction and foreclosure on your home. Check us out today.

Ch Da

Nov 11, 2018, 4:41 pm Reply

All I have to pack are my clothes and important papers?and a few dishes ?

Tajai Calip

Jan 1, 2019, 4:46 pm Reply

1977 Protection from eviction act. The President knows these Judges are aware of the laws that has been established for decades. He knows these zoo animals are going to call him a racist. The President should with a smile placed on his face cage these animals where they belong. I have been caged for complying to an order. Its time they are caged for non-compliance. If the home without repairs was going to be $150,000.00. My damages are illegal arrests, separated from my family, personal belongings tampered and removed that shows even more evidence, illness at the time of illegal entry, priceless books created that took years to write, poems for soldiers that took effort and time. How is my damages not more than $300,000.00 for nine years!!!! Who house is that going to be??? These people have NEVER been forced to comprehend reality. Why are they breathing? To keep harassing innocent people??

Ch Da

Feb 2, 2019, 10:42 pm Reply

So let me get this straight. I'm kicked out of my apt, and can't get a new one until I pay the balance? When my ancestors built this fuckin country? I've never had any money. Never will. How am I supposed to save fucking money when I'm paying to stay in a hotel?!

Ch Da

Feb 2, 2019, 10:43 pm Reply

I'm alone and by myself. I don't have any help.

Ch Da

Feb 2, 2019, 10:46 pm Reply

I gave these people $40 three months ago . They never gave me the impression that it would be this fuckin long

Ch Da

Feb 2, 2019, 10:52 pm Reply

If I had known all of this shit was going to happen, I wouldn't take. Out my student loan money!

Ch Da

Feb 2, 2019, 11:06 pm Reply

Us BLACK people always watch WHITE people with good shit! Fancy houses,

Ch Da

Feb 2, 2019, 11:08 pm Reply

I couldn't find a fuckin apartment I. fLorida and I was never evicted DOWN THERE. America is full of shit!

Ch Da

Feb 2, 2019, 11:13 pm Reply

I'll tell u what's even more fucked. You know that the majority of white Americans are prejudice. If they threw a fit about black people having land and moving into their neighborhoods America won't DO shit!

Janice khan

May 5, 2019, 8:45 pm Reply

Fuck that music…too distracting…

Larry Hubble

May 5, 2019, 3:22 pm Reply

Maybe you should just pay your rent.

Twilae Groh

Jul 7, 2019, 12:07 pm Reply

my property is red tagged an I have no where to go for a week

Gerrylynn Mako

Jul 7, 2019, 2:53 am Reply

Tenants have way to much power.

Gabrielle Ether

Jul 7, 2019, 7:47 pm Reply

In my state i can withhold rent bc of failure to fix living conditions…but she's saying I'll have to pay them rent into the court anyway??? Anyone..did I misunderstand??

roberto R

Jul 7, 2019, 8:02 pm Reply

You really should mention that your advice is good for Florida law, because a lot of what you are saying is not true for the states I do business in.

fun sun

Aug 8, 2019, 10:12 pm Reply

The music in this video ?? it belongs in a movie revolving around jungle meets Miami type of plot…. Good video though!! ?

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