Asked in Landlord - Tenant for Florida

Q: Can a submitted application for rental assistance via Our Florida(DCFS) program stop an eviction case/be a defense?

A request for rental assistance was submitted a month or so ago. The status is still showing "Submitted" with no way to check for further details. Approval is expected per the qualification guidelines. The landlord has filed a civil action, and the process server has served the papers/notice. A response is due in 5 business days to avoid a default judgment. Having already submitted an application for rental assistance through the COVID program, can that be used as a viable defense in the response to avoid eviction? If not, how long will filing a response delay the process, allowing the Our Florida program time to approve the application and send the funds to the landlord? If so, is there a resource that provides the necessary language that should be used in the response if self-filed or a free/low-cost legal assistance that can help with filing a response if self-filing is not advised? Thank you.

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1 Lawyer Answer
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: Maybe, but the statute still requires you to deposit the rent with the clerk. Failure to do that.automatically entitles the landlord to judgment. Seems like you have a bona fide Catch22.

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