The landlord may have to appear in court to receive the Judgment or may be able to fill out paperwork to have the default judgment issued. Tenant Does Not Respond: A tenant’s failure to respond to the Unlawful Detainer is typically an automatic ruling in the landlord’s favor. ![]() ![]() If a tenant contests the unlawful detainer, a copy of the tenant’s response will go to the landlord and to the court and a trial will usually be scheduled within 30 days. However, not all states will allow a tenant to withhold rent for this reason. For example, the tenant may have been withholding rent because the landlord has refused to fix a substantial health or safety violation at the property. For example, lets say you allow your adult child to move into your home because they are temporarily without financial means. Tenant Contests Unlawful Detainer: The tenant may respond to the unlawful detainer by stating that they have just reason to reside in the property. Under Florida law, an unlawful detainer action is used in situations where there is no landlord tenant relationship between the plaintiff and the defendant.The Notice will state the reason for the eviction (e.g., nonpayment of rent, lease violation) and may ask the tenant to fix the problem. The tenant realizes that the landlord means business and moves out before any further legal action is taken. The Unlawful Detainer (eviction) lawsuit begins when the landlord gives a Notice of Termination to the tenant. Eviction is an unlawful detainer action to remove a tenant from a property who stays. ![]()
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