Conroe, TX asked in Real Estate Law and Landlord - Tenant for Florida

Q: I am a Landlord. I filed for an eviction on tenants for just causes, which I feel I will easily prevail in court.

Long story short, I just wanted them out. So when I filed, I wasn't asking for any damages, although there is in excess of $6K damages and I have $2K deposit. They retained an attorney, which I have nothing but over whelming proof to support my petition. They are asking the courts for money from me (laughable). Anyhow, what is the process to petition the court to consider an amendment to add damages? Do I need to file a Motion to request amendment with supporting documentation, then if granted the amendment itself? Lastly, I have the correct format/language for the Motion, but cannot find anything to include the language and/or format for an amendment. Is there any attorney willing to provide a blank format or an example? Oh, and briefly explain the E-filing process. Thanks.

4 Lawyer Answers
Jane Kim
Jane Kim
Answered
  • Naples, FL
  • Licensed in Florida

A: I would not "laugh" at their defense, I would take it seriously because landlord / tenant disputes may have attorney fees attached if their position prevails. If a lawyer filed a counter-claim, I would assume it is not frivolous, and they are not knowingly wasting money on a losing case.

As to your substantive question, you can hire a lawyer on a limited basis to help you with document preparation, and not go to court with you. I think what you are asking is the title for your motion, which is a Motion to Amend Complaint.

Bruce Alexander Minnick and Barbara Billiot Stage agree with this answer

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

A: Stop now, hire a lawyer. Please.

Bruce Alexander Minnick and Barbara Billiot Stage agree with this answer

A: The fact that the tenants have a lawyer and you do not puts you a severe disadvantage and you are at risk for a judgment against you. See a landlord/tenant lawyer immediately.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Landlord Tenant Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: Motion to Amend the Complaint and attach a copy of the proposed Amended Complaint to the motion.

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