If you find an eviction notice taped to your door, you may be frightened, upset, and angry.If you live in Florida, there are very landlord-friendly eviction laws.You need to act immediately, so don't panic.If you don't respond to the eviction complaint within 3 days, your landlord may win.If other options, such as negotiating with your attorney, will work better for you, you should keep a clear head.
Step 1: Carefully read the complaint.
How much money your landlord claims you owe can be found in the complaint.It allows you to know where to file your answer.Failure to pay rent or breaking the terms of the lease are the most common reasons a landlord will evict a tenant.If your lease states that no pets will be allowed in your unit, and you have a dog, your landlord might evict you.You have 3 days to respond to the complaint.You have 3 days to get it out of your house.You have until Monday if the third day falls on a weekend or holiday.
Step 2: Evaluate your defense options.
If you believe your landlord is evicting you for an illegal reason, you may have a defense to the eviction.Your landlord may claim that they are evicting you for not paying rent.You have reason to believe that your landlord is evicting you because you called the health department to complain about unsafe building conditions.You must follow all legal procedures if you want to raise a defense.You have to deposit your rent with the court within 3 days.
Step 3: You should consult an attorney.
You don't have a lot of time to respond to an eviction complaint.It's in your best interests to talk to an attorney about your possible defenses.You can call the Florida Bar Lawyer Referral Service if your finances are tight.Tell the clerk that you want to be referred to the Low Cost Panel.If you qualify, they will ask about your finances and give you a referral.Even if you don't end up hiring an attorney, most lawyers who handle evictions will give you a free initial referral so you can get some advice on your case.
Step 4: Write your answer.
Your first appearance in court is your written answer to the eviction complaint.It tells your landlord that you are going to fight the eviction.If you're drafting your answer on your own, Florida Legal Services has an online form you can use.To get started, you have to go to thefloridalawhelp.org.
Step 5: If you have an answer, file it.
Make 2 copies of your answer after you sign it.The complaint was filed in the clerk's office of the court.To find the name of that court, look at the top of the complaint.The original documents will be filed with the court by the clerk.One of the copies will have to be delivered to your landlord, while the other will be for your own records.When you file your answer, the clerk may set a hearing that is known as an "unlawful detainer."The hearing is usually 2 or 3 weeks after you file your answer.
Step 6: Rent must be deposited with the court.
Florida law requires you to deposit all rent that is not paid with the court.You can't skip this step if you want to fight the eviction.If you don't deposit rent or other fees with the court, your landlord will win and you will not have the right to raise defenses.
Step 7: If you disagree with the rent you owe, file a motion.
If your landlord says you owe more in rent and fees than you think, you have an option.If you want to know the amount you owe your landlord, you can file a motion.You have to deposit the amount of money you agree you owe your landlord if you file this motion with your answer.This amount cannot be zero.The judge can either hold a separate hearing on your motion or address it at your eviction hearing.You should be prepared to prove that you don't owe as much money as the landlord says.Receipts for rent paid can be used to back up your claim.
Step 8: Have the landlord serve you.
After you file your answer, you have to send it to your landlord or attorney.You can either hire a sheriff's deputy or private process server to serve your answer, or you can mail it with a return receipt requested.If your landlord is represented by an attorney, you have to reply.They will be listed on the complaint.
Step 9: There are documents and evidence to organize.
You only get one court date, so you should bring everything you want the judge to consider.What you bring depends on the defense you're raising and what you want the judge to know.If you're arguing that the building is unsafe, you should take photos of the unsafe conditions to show the judge.
Step 10: You should go to court for your hearing.
You should show up at the courthouse at least half an hour before your hearing.You will have enough time to get through security and find the correct courtroom.You should dress like you are attending a job interview.Take a seat in the gallery until your name is called.You can move to the front.You will have the chance to explain why you shouldn't be evicted after the judge hears from your landlord.Any evidence you have can be presented at this time.In addition to physical evidence, witnesses can testify in your defense.If you're claiming that you didn't pay rent because of unsafe conditions, you might bring your neighbors to testify.The judge will issue a judgment for possession if your landlord wins.You have 24 hours to move out.The door can be locked after that time.
Step 11: You can request mediation from the court.
Before having a hearing in front of a judge, you can try mediation offered by Florida county courts.You can come to an agreement without going to court with mediation.For eviction cases, mediation is usually free.A fee may be charged by some counties.You have a short period of time to respond to the complaint, so request mediation as soon as possible.You wouldn't have an eviction on your record if you mediation.It's more difficult to rent in the future if you have an eviction judgment.
Step 12: There are documents and evidence to organize.
You should bring with you any documents you want to mention to your landlord during the mediation.You can take notes or outline what you want to say.You might take pictures of the problems in your unit if you think you shouldn't have to pay more rent.Take notes if you disagree with your landlord's interpretation of a provision of the lease.Unless your landlord agrees, you can't bring someone else with you to mediation.If you need someone to translate, you can bring someone with you.If you have an attorney, you can bring one with you.
Step 13: Arrive on time for your appointment.
You should respect the process of mediation even though it is less formal.You have time to get settled before the mediation begins.If you were going to court, wear conservative clothing.You want to make a good first impression and show that you're serious.
Step 14: The introduction was given by the mediator.
The specifics of mediation depend on the individual.The mediator usually starts by explaining the general procedure they like to follow.After the introduction, the mediation may ask you and your landlord to briefly explain the issue and what you want out of mediation.
Step 15: There is a caucus with the mediation.
You and your landlord are moved to different rooms.The landlord will be the one to talk to the mediation team about what happened.The landlord is only told what they should say by the mediator.The landlord will speak to the mediator, who will return to you with the landlord's response.The mediation job is to help you and your landlord find a compromise.
Step 16: Discuss an agreement with your landlord.
The mediator will usually bring everyone back into the same room to work out the details of the agreement if they sense that you are approaching an agreement.You can still have a hearing if you can't reach an agreement.
Step 17: Seek advice from an attorney.
There are some circumstances when filing for bankruptcy won't work.Before you file for bankruptcy, you should get a legal opinion on whether this is the best option for you.It is possible to file for bankruptcy through an online agency, which may not cost as much as an attorney.It is possible to file a bankruptcy on your own.You will be expected to know the rules of the court just like an attorney would.
Step 18: You can attend a credit counseling session.
Before you can file for bankruptcy, you must meet with a credit counselor.The credit counselor will give you a certificate after the session.The Department of Justice must approve the credit counseling agency.There is a list of approved agencies at http://www.justice.gov.The meeting can be done in person, over the phone, or online.
Step 19: Do you know where you should file?
Each of your state's bankruptcy courts has jurisdiction over a specific district.You have to file your petition in the court that has jurisdiction over you.You can find out what district you're in by going to the court locator.
Step 20: The forms should be downloaded.
You can file your petition on your own if you don't hire an attorney.Instructions for how to fill out the forms are provided by the court.You can find all of the bankruptcy forms at http://www.uscourts.gov/forms/bankruptcy.If you are an individual, you need all the forms that start with 100.The forms start with 200 if you're filing with your spouse.
Step 21: Determine which chapter you want to file.
There are different types of bankruptcy in the U.S.Chapter 7 is used to stop evictions.If you can't pay your landlord's back rent, you should choose this chapter.Chapter 11 reorganization is a voluntary repayment plan.Eligibility requirements for each chapter are provided in the form instructions.If you want to file under a chapter, read these and consult an attorney.Penalties may be imposed if you file under one chapter and later change your mind.
Step 22: Financial information to be gathered.
To figure out what financial information you need, look over the forms.You will need information about your debts, assets, income, and living expenses.It's a good idea to check your credit report to find out more about your debts.You can get a free credit reporting service if you sign up online.
Step 23: You have to complete your forms.
You're ready to give information on your forms if you have all the information you need.If you leave anything off your forms, you may not be able to include it in your bankruptcy later.Even if you can't afford to hire an attorney to represent you during the bankruptcy proceedings, you may want to get anattorney's help completing your forms.
Step 24: You should file your forms.
An automatic stay goes into effect when you file for bankruptcy.If your landlord doesn't already have a judgement against you, they will not be able to evict you quickly.The bankruptcy court can allow eviction proceedings to continue if your landlord files a motion to lift the automatic stay.A hearing would be held by the court.The automatic stay does not apply if you are evicted because you used controlled substances on the property.