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My name is ***** ***** Yes I am a landlord evicting a tenant…

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Yes I am a landlord evicting a tenant for non payment of rent

Submitted: 2 years ago.Category: Landlord-Tenant
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Customer reply replied 2 years ago
The tenant's lawyer filed a motion to dismiss and award her Attorney's fee. how do I file to have a hearing on the issue
Answered in 21 minutes by:
2/26/2016
Lawyer: Lucy, Esq., Attorney replied 2 years ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 32,264
Experience: Attorney
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Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

What are the grounds for filing the motion? And what state are you in?

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Customer reply replied 2 years ago
I live in Florida and the tenant was aware that we are selling to home and provided her a 30 day notice to vacate she ignored and stay past the first day of Feb and didn't pay the full months rent
Lawyer: Lucy, Esq., Attorney replied 2 years ago

Thank you.

Did the tenant have a month to month lease? Or did you serve a 3 day notice to pay or quit when she didn't pay the rent?

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Lawyer: Lucy, Esq., Attorney replied 2 years ago

The reason I'm asking is that the lease doesn't automatically terminate when a house is sold unless it's month to month. If you didn't serve an additional notice when the rent wasn't paid on 2/1, it would be very difficult to defend a Motion to Dismiss, and that could change your options. Under Florida law, if the tenant wins the motion to dismiss, they are entitled to their attorney's fees. Fl. Stat., Section 83.48.

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Customer reply replied 2 years ago
The home is not sold she's on a month to month which in Florida we are require to give 15 days notice to vacate. She never responded and stay past 2/1 and moved out on 2/8 when we served her the 5 days notice
Lawyer: Lucy, Esq., Attorney replied 2 years ago

Ok. In that case, you can just file a response that explains why they don't have valid grounds for dismissing the case.

The most common way to prepare a response to a motion is to put your own version of the facts at the top, then address each of their arguments in turn. That way, the judge can easily go back and forth between the two documents. Then you ask that the motion be denied. The request for a hearing usually goes at the end, above your signature and the date.

Call the clerk of the court to see if they'll give you a hearing date before the motion is filed. Some courts do that, but it can vary by location.

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