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Contested eviction in Polk County, FL

33837 |

My eviction complaint for non-payment of rent was contested by tenants who filed answer with a lot of fabricated stories and evidences. Tenants have never deposited rent accrued to court registry nor contested the amount owed (either of which as I understand is required for the judge to even consider tenant's defense). Mediation failed because tenants refused to accept the offer proposed by mediator. Case is schedule for trial next month. What are my options at this point?

Attorney Answers 3


  1. Both you and the tenants tell your stories to the judge and the judge will decide who he believes. Judges are experienced in these kinds of cases and try to make the right decision legally. You should not be frightened about putting the case in the judge's hands. However, if you would feel more comfortable, you should hire an experienced real estate lawyer in your area to represent you.

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.


  2. You need an experienced landlord-tenant attorney to represent you at the trial. If the tenant has an attorney and you lose at trial, you will most likely be responsible for the tenant's attorney's fees which could be a few thousand dollars.

    No attorney-client relationship is created by answering questions in this public forum. If you wish to create an attorney-client relationship, you must contact me directly and sign a representation agreement. Answers are provided based on general ideas and an answer specific to your situation would require a review of all documents.


  3. I agree with my colleagues.

    Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.

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