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Have you received an eviction summons and complaint I'm Alejandra Galena, and I'm the founding attorney of the Aguilera Law Center I'm gonna talk about the eviction process it's important to note before we start that the eviction process only entails what I want to talk about only entails residential eviction so commercial and office spaces though that's an area of law that's different residential is under Chapter 83 in the Florida statute, so it's separate residential versus commercial I'm going to talk about residential evictions in Florida and specifically my experiences with Miami evictions but in any case it's the same Florida law applies in any County as to residential evictions Florida law requires written notice before filing an eviction in order to get more information you can read through my blogs as to the specific requirements under Florida law, but it is highly suggested that landlords and tenants consult with an attorney that has experience in landlord tenant law because Florida law is very specific as to the language in a written notice and as to the defense's that a tenant has in an eviction process, so each case is different, and I would highly suggest that once a tenant receives a summons and complaint, and they have questions they need legal advice they should consult an attorney the Aguilera Law Center has practice than their tenant law for several years and has experience in those areas of law, and so I'm going to talk about the different areas in the eviction process the first area is that written notice that is required once the written notice is delivered to the tenant is now put on notice as to the allegations or the alleged violations and the basis of the eviction the second part is going to be that the ten is going to have to receive the eviction package from the court the personal service, so the tenant has to be served the eviction complaint and the summons is going to explain the important rules involved at a tenant and that most tenants don't read this, but the tenant should know that you have five days to file an answer five days from the point that you receive that eviction complaint it does not include holidays, and it does not include weekends, but you have five days if you file it on the sixth day you file your answer on the sixth day the court may not accept it and the landlord may automatically win it would be a default because you did not file your answer within the five days provided another requirement for the tenant after filing a response or answer in those five days they must deposit the rent into the court registry the court registry must have the rent within those five days if you're not depositing the rent because let's say you already paid the landlord the rent due, and you have proof of that then you make sure that you file a motion to determine rent and this motion will basically notify the court that you have already paid or whatever the circumstances are as to why you're not paying the rent but...
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