Transcript Landlord/Tenant Presentation Florida Judicial College

RESIDENTIAL EVICTION
QUICK GUIDE
SUMMARY PROCEDURE: Evictions
should be given priority over non-time/money
sensitive cases.
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
SIXTH / TENTH BUSINESS DAY after Tenant served,
file should be brought to Judge.

ONCE JUDGE SEES FILE Judge should quickly review
file to determine if:
 DEFAULT is proper OR
 HEARING should be set AND
 ORDER should be entered ordering money should be
placed into the Court Registry
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COMMON DEFAULT SITUATIONS

1. Tenant residential, failure to pay rent, has Defaulted
(no answer filed) - Final Judgment should be signed.

2. Tenant has Defaulted (answer filed) but has not
posted rent into the court registry.
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
A. If full amount of rent as alleged in complaint is
posted into court registry, Tenant is entitled to a
Trial.

B. If Tenant alleges that they have paid the
rent, they are entitled to a Trial.

C. If partial amount of rent is posted into court
registry, some judges will set case for Trial and
order the balance to be placed into court registry
by a fixed date or a Default Judgment will enter.
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
Tenant has a right to challenge the amount of rent
that is asked for in the complaint.

Problem: Sometimes the Tenant will simply file a
hollow Motion to Determine Rent saying “I disagree
with the amount owed.”

The motion is defective if it fails to allege that the rent
asked for in the complaint in “in error” and to attach
Documentation.
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
If Tenant admits owing an amount of rent but denies the
amount claimed, the judge should ORDER the
undisputed amount into the Court Registry.

Motion to Determine Rent -- Judge determines how
much if any rent is to be placed into the court registry.
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MOTIONS TO DISMISS

Defective 3-Day Notice
a. Failure to exclude holidays
b. Amounts other than rent demanded
c. Mailed notice omitted to add 5 days

Improper parties
a. Not all Tenants named on 3-Day Notice
b. Improper owner as Landlord
c. Fictitious name not filed for Landlord
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
2 VIEWS BY JUDGES:

These are fatal defects so that case must be
dismissed if deposit is not made; OR,

These are not fatal and Tenant is still defaulted if rent
money is not placed into the registry (View of Judge
Hauser)
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SCHEDULING EVICTION TRIALS

Tenant has alleged all rent has been paid.
Order accrued rent be placed into the Court
Registry should be entered.

The Tenant in possession would not typically be
prejudiced by a delay in the Trial date.

Continuance should be limited due to the
potential waste and rent loss and the fact that it
is under Summary Procedure.
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EVICTION TRIAL PROCEDURE

If all parties are NOT present, wait at least 20 minutes
then take uncontested Evictions first

Ask parties if they have “had a chance to talk” If the
answer is NO, give a 10 minute chance to send parties
into the hall to discuss case.

Before beginning Trial, ask Tenant if they wish to stay,
have vacated, are on their way out or just need a little
time.
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
Once Trial begins, often the Judge will often ask the
Tenant, “Have you paid the rent”.

If the answer is NO and it is due to financial
difficulties, job loss, etc, it may be appropriate to enter
Final Judgment of Eviction.

If the answer is NO and is due to habitability issues,
Tenant must prove they gave the Landlord A
Seven Day Notice of Withholding Rent.
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
If the Tenant proves notice, the Tenant may be able to
advance a valid defense if Tenant prove Landlord's
material noncompliance.

A. The judge can then DENY the Eviction at Trial

B. Reduce the rent as the evidence presents itself at
Trial
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MEDIATION

Rather than setting the case for Trial, Court may direct
parties to Mediation upon deposit.

PROBLEMS:
 Where settlement is not reached, there is sometimes
a delay until the trial date

Mediation order that fails to require the accrued rent
to be deposited
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SETTLING THE EVICTION CASE

The 2 common types of STIPULATIONS are

1. THE PAY AND STAY STIPULATION whereby the
Landlord AND Tenant work it all out.

2. THE TEMPORARY STIPULATION whereby the
Tenant agrees to leave at a fixed date maybe paying
a bit for the privilege or not.
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
A NOTE ON STIPULATIONS: Some judges will:

Refuse to sign stipulations that continue on once the
Tenant gets caught up; or,

Would require the Tenant to be served with a new 3
day notice and/or posting of the notice of Default.
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STAYING THE
WRIT OF POSSESSION

MOTION TO STAY WRIT OF POSSESSION should
immediately be looked at by the judge to determine if
there is any merit.

JUDGE CAN deny stay ex parte or set an emergency
hearing.

SOME MERITORIOUS REASONS
 Landlord has accepted rent OR
 Made a deal with the Tenant.
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DISBURSING THE DEPOSIT

The Tenant may deposit rent into the Court Registry,
have a Trial etc.

If there is an issue regarding entitlement to the Court
Registry, the Judge may set this for a later Trial.
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