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bill2009 · May 10, 2008, 12:25 AM

It looks as if I may have found a solution to my eviction/ not paying rent problem.But I am not sure if I am allowed to do this. I intend on giving the person living at my home 3 days notice to pay rent. However I need him evicted immediately. I plan on using the 7-day notice without cure for this. Am I legally allowed to do this? All the sources I have found say that the landlord must allow the person to stay if they pay the rent.However there are many noncureable noncompliances taking place at the home.Also I am unsure if I can give someone two different eviction notices at once.

LILL · May 10, 2008, 01:48 AM

Legally you must go through the court system to have him/her evicted. What your talking about is a "self help" evition... illegal in most, if not all, states.

bill2009 · May 10, 2008, 01:51 AM

I'm confused everything I read said unless he refused to pay I did not need to deal with the court.But it did say (in Florida law) if he refused that I would need to go to court to get him to actually leave.

ScottGem · May 10, 2008, 04:53 AM

Not sure what you are reading (cites might be helpful), but LILL is right, you cannot physically remove a tenant without a court order. You can give a tenant all the vacate orders you want, but if the tenant refuses to vacate, then you need to get a court order and have a sheriff perform the actual physical removal of the tenant and their belongings.

Fr_Chuck · May 10, 2008, 06:17 AM

You can not phsyically evict anyone yourself, if after giving them the notice they refuse to leave, you then have to file in housing court and show they refused your order and then the judge orders them out.

So you can file both, but don't expect them to pay if they don't plan on it, they laugh at your request to pay, laugh at your order to move out, and they most likely know you have to do this first and then file in housing court anyway.

If you lock them out, or move them out without the court order and a court marshall ( or someone from the court being there) then they sue you for big money for illegal eviction.

You have to do all of the things you are doing, but that just allows you to then go to housing court if and when they refuse to do what you asked them to do.

bill2009 · May 12, 2008, 08:41 AM

I called the court house and asked them if it was legal and they told me they could not tell me. The court house said if they answer me that would be giving legal advice which they can not do.So it looks as if I will make both the 7 day notice w/out cure and the payment evictions.

ScottGem · May 12, 2008, 09:59 AM

I think you are missing the point here. I'm not familiar with this 7-day notice without cure (again cites would be helpful). But any notice you give does not give you the right to physically evict. You still have to go to court for that.

bill2009 · May 12, 2008, 12:31 PM

I just figured out I need to go to court.The 7 day notice with out cure is if the tenant is doing something that can not be corrected or continues to do it regardless when told not to.It needs to be serious in nature and is in this case. I thought I had the website saved in my favorites but I can't find it now.