Ask Experts Questions for FREE Help !
Ask
    espy47's Avatar
    espy47 Posts: 7, Reputation: 1
    New Member
     
    #1

    Mar 16, 2009, 01:39 PM
    Land lord Florida eviction 3day or 15 day notice
    Polk county Florida.. I have served a 3 day notice for rent and it was not paid with month/month tentant .I filed at court house and sheriff has gave them 5 days without weekend and day served . They have until 1-12-09 to put moneys in court registry.If they put it in, can I still proceed with rid of possessions ?And will the judge award me with the rent money.I still want them out.. the other question is, it will be too late to give a 15 day notice to terminate tentant, after the 3-18-09 it is due on the 2 and of the months. The cost I've paid now is $430 and if I have to start over I will have to pay another $ 430 again.. and they stay another month... I was told that with the 15 day notice you can still receive part of the rent and proceed with evictions but not with the 3 day notice. Is that right? In Florida
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    Mar 16, 2009, 01:42 PM

    You just answered your own questions on another thread, telling someone else how to evict a tenant and explaining in some detail.

    https://www.askmehelpdesk.com/real-e...ml#post1608260

    And it's Writ of Possession.
    espy47's Avatar
    espy47 Posts: 7, Reputation: 1
    New Member
     
    #3

    Mar 16, 2009, 02:05 PM

    I know A LITTLE about of the process . I've been through it several time lately,people are having a hard time now.. just in the last 2 years lost over $6000.00 in rent and one tenant burnt my place down cost me $31000.00 to replace it , and I had no insurance and it hard enough for people to make it without adding that cost to the rent... Anyway what I don't know if the judge awards me with the money owed ,does that mean that they can stay even if I don't want them to stay. And if that is the case, can I refuse the rent money and have them go, at this time I want them to leave with or without the rent money. Thanks for "Rid of Possession' when you get 62, I'm lucky to type with 2 fingers.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
     
    #4

    Mar 16, 2009, 02:18 PM
    Quote Originally Posted by espy47 View Post
    I know A LITTLE about of the process . I've been thru it several time lately,people are having a hard time now..just in the last 2 years lost over $6000.00 in rent and one tenant burnt my place down cost me $31000.00 to replace it , and i had no insurance and it hard enough for people to make it without adding that cost to the rent... Anyway what i don't know if the judge awards me with the money owed ,does that mean that they can stay even if i don't want them to stay. And if that is the case,, can I refuse the rent money and have them go ,,at this time i want them to leave with or without the rent money. thanks for "Rid of Possession' when you get 62 ,,i'm lucky to type with 2 fingers.
    If you had no insurance, that's your fault. If a tenant intentionally started a fire, that's arson and you should have went after the tenant.

    Also, I don't know what you mean by the "lucky to type with 2 fingers" comment. My grandmother is 74 and has an 80-hour work week.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #5

    Mar 17, 2009, 07:32 AM

    Here is what you said in answer to the question you have just asked. It is somewhat disturbing to me that you may have advised someone when you were NOT positive you had the correct answer: " I was told that with the 3 day notice if you take any of the rent you have to start over with the notice,but with the 15 day notice you can take rent and go on with the evictions, this happen to me with the 15 day notice .tenant had paid some and didn't he had to leave when the sheriff got there and the sheriff didn't know so he call the court and they said yes they had to go,right then .remember 15 day notice has to be given 15 day before rent is due and this is to get back your place and this with a month/month tentant . For the week/ week 7 day notice and lease or year/year 60 day notice. see 83.57 florida statutes and whole chapter 83 for renting Statutes & Constitution :View Statutes : Online Sunshine"

    Those of us on this board take GREAT pride in the accuracy of our answers. I am not sure your answers are correct.
    espy47's Avatar
    espy47 Posts: 7, Reputation: 1
    New Member
     
    #6

    Mar 17, 2009, 10:28 AM

    I'm in lakeland Florida with a month to month tenant, I' M HERE TO GET ANSWERS JUST LIKE OTHERS HERE.WHAT I TOLD THAT PERSON WAS TRUE AND HAVE DONE IN THE PAST. Some things I know,some I don't. Let me explain. I'M no lawery that's why I'm here to get an answer.In the last 9 years I've done the evictions MYSELF with the courts packets but each time can be a little different in how you want to deal with the tentant , the court process is the same. This I know with the three day notice in polk county Florida that is given by landlord ,tenant has three day to pay rent ,not counting day served ,weekends,hoidays. If you haven't receieved any money whatsoever in that time, and if you did then you have to give them another three day notice for the balance owed,and have to start over before you go to courthouse to start the court 5 days they give.. In times past I was willing to receive the money and let them stay but not this time ,that's why I'm here to get an answer. 1.. WHAT I DON'T KNOW AND HAVE BEEN ASKING IS " ARE THE TENANTS , AFTER LANDLORDS' 3 DAY NOTICE IN DEFAULT THEN,, OR AFTER THE COURT PROCEEDER.WHICH MEANS IN MY SITUATION.. if the court give me the money, which they will do. does that mean that the tenants can stay,or will the Judge tell them to leave also. ..SINCE ALL HAS BEEN FILED IN THE COURT..which means I have to do the same thing next month also . spending another $ 430 total to do it again .. I DO KNOW IF I WOULD HAVE GIVEN THE 15 DAY ,I COULD TAKE ANY OR PART OF MONEYS OWED AND STILL THEY WOULD HAVE TO LEAVE BY FLORIDA LAW AND that happen in a eviction of mine a couple of years back. In my thinking this time, three day notice would be quicker because i had not have a 15 notice which has to be 15 day before rent is due.. but if I have to do a eviction every month to get rent then it 's not going to be quicker.
    what an i so concerned about now is . TOMORROW IS THE LAST DAY TO GIVE THE TENANT A 15 DAY NOTICE TO BE OUT 4-2-09 AND WHICH MAY AND I DON'T FOR SURE, MAYBE YOU COULD TELL ME,, THAT BY THAT ACTION WOULD STOP WHAT i have already started . When the court and IF tenants are allowed to stay that means that ,it would be too late even for next month and would be all of april and about 20 days in may 2009 before they have to leave .They are not going to pay anything any more they have done this process before. they have only been there one month and just bought a $2000 65 inch TV WITH INCOME TAX MONEY. but can't pay rent.
    P.S. I thought I WOULD BE ABLE TO GET A SIMPLE QUESTION ANSWERED WITH A QUICK ANSWER. BUT i guess this kingdom is a lot like the other ,where JESUS said "the secrets of THE KINGDOM OF GOD are not given to those out side the KINGDOM but to those inside the KINGDOM and remember the KINGDOM DOESN'T COME VISIABLE BUT IS WIHIN "YOU" " CAN I GET A SIMPLE ANSWER ,TO A SIMPLE QUESTION, FOR A SIMPLE MAN?? + + +
    espy47's Avatar
    espy47 Posts: 7, Reputation: 1
    New Member
     
    #7

    Mar 17, 2009, 10:41 AM
    FOR OTHERS THAT MAYBE WONDERING, WHAT WE HAVE BEEN TALKING ABOUT. HERE IS THE " COMPLETE '" statement that I wrote to them and may be helpful to others or maybe if I am wrong let me know what part is wrong!
    P.S. court fees just went up in 2008 in polkconty Florida.

    In lakeland/bartow polk county Florida. You can do everything yourself. Copy and paste this website to get free forms Clerk Online Forms I'm sure your county has one too. You get all the forms online .or go to the courthouse and get a packet with all the forms . 3 day notice ,you don't count day served or weekend,holidays . After that fill out the papers,forms in packet see. = "eviction packet sheet" for THE 1 st trip to courthouse.[all done at courthouse] as of 3-11-09,cost went up in 2008, it's $290 plus $20 for sheriff to give a 5 day notice,no weekends,or day served. They have those five day to put rent in court registry. If they don't .then go back and file rid of possecession ,$70 for the sheriff to give them 24 hours to leave .if they don't ,the next day the sheriff goes with you to put there thing on the road and they cannot come back on property. I was told that with the 3 day notice if you take any of the rent you have to start over with the notice,but with the 15 day notice you can take rent and go on with the evictions, this happen to me with the 15 day notice .tenant had paid some and didn't he had to leave when the sheriff got there and the sheriff didn't know so he call the court and they said yes they had to go,right then .remember 15 day notice has to be given 15 day before rent is due and this is to get back your place and this with a month/month tentant . For the week/ week 7 day notice and lease or year/year 60 day notice. See 83.57 Florida statutes and whole chapter 83 for renting Statutes & Constitution :View Statutes : Online Sunshine total cost is about $410 if you do it yourself. It takes abou 18-20 days
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #8

    Mar 17, 2009, 11:23 AM
    Quote Originally Posted by espy47 View Post
    I'm in lakeland florida with a month to month tenant,. I' M HERE TO GET ANSWERS JUST LIKE OTHERS HERE.
    I don't think you are getting the point here. You posted the answer to your question. You said; "I was told that with the 3 day notice if you take any of the rent you have to start over with the notice,but with the 15 day notice you can take rent and go on with the evictions,". So why do you have to ask it?

    What you were told is correct. In a 3 day pay or quit notice, they can pay and stay. But if you are terminating the tenancy for any reason other than unpaid rent, you have to give at least 15 days notice and then you can continue with the eviction even if they pay in full.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
     
    #9

    Mar 17, 2009, 11:32 AM

    Firstly, you need to stop typing CAPS lock. That's the equivalent of shouting and has no place on this board.

    Secondly, you need to type logical, complete sentences and use proper punctuation. This:
    1.. WHAT I DON'T KNOW AND HAVE BEEN ASKING IS " ARE THE TENANTS , AFTER LANDLORDS' 3 DAY NOTICE IN DEFAULT THEN, OR AFTER THE COURT PROCEEDER.WHICH MEANS IN MY SITUATION.. if the court give me the money, which they will do.
    Makes absolutely NO sense whatsoever.

    I have no idea what you're referring to because you state that you have filed in court for the tenant's eviction and then start talking about the court giving you money. The court doesn't give you anything except a judgment; it's your job to collect on the judgment you were awarded and that's the hardest part.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
     
    #10

    Mar 17, 2009, 11:37 AM
    Quote Originally Posted by ScottGem View Post
    I don't think you are getting the point here. You posted the answer to your question. You said; "I was told that with the 3 day notice if you take any of the rent you have to start over with the notice,but with the 15 day notice you can take rent and go on with the evictions,". So why do you have to ask it?

    What you were told is correct. In a 3 day pay or quit notice, they can pay and stay. But if you are terminating the tenancy for any reason other than unpaid rent, you have to give at least 15 days notice and then you can continue with the eviction even if they pay in full.
    I have to spread the rep, so consider this a greenie. You managed to somehow sift through that post and cut straight to the point. If s/he doesn't want the tenant there, then they need to terminate their lease and stop playing around with 3-day notices.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #11

    Mar 17, 2009, 12:16 PM
    Quote Originally Posted by espy47 View Post
    BUT i guess this kingdom is a lot like the other ,where JESUS said "the secrets of THE KINGDOM OF GOD are not given to those out side the KINGDOM but to those inside the KINGDOM and remember the the KINGDOM DOESN'T COME VISIABLE BUT IS WIHIN "YOU" " CAN I GET A SIMPLE ANSWER ,TO A SIMPLE QUESTION, FOR A SIMPLE MAN ??? + + +


    Next time God or Jesus posts on this board, I'll ask. In the meantime, post your religious rants on the religious boards and your legal questions here.

    And stop shouting at me.

    You are missing the point entirely - whether deliberately or not I cannot determine.

    YOU ANSWERED YOUR OWN QUESTION YESTERDAY - if you didn't know what you were talking about you shouldn't have answered the question which, by the way, was answered correctly before you even got there.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
     
    #12

    Mar 17, 2009, 12:34 PM
    Quote Originally Posted by JudyKayTee View Post
    Next time God or Jesus posts on this board, I'll ask. In the meantime, post your religious rants on the religious boards and your legal questions here.

    And stop shouting at me.

    You are missing the point entirely - whether deliberately or not I cannot determine.

    YOU ANSWERED YOUR OWN QUESTION YESTERDAY - if you didn't know what you were talking about you shouldn't have answered the question which, by the way, was answered correctly before you even got there.
    Yes yes, I forgot about the Jesus comment. I'm a born-again and have no problem with reference to God or Jesus, but that's just insanity. I have no idea how he's tying the kingdom of God in with serving his tenant a 3-day notice.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #13

    Mar 17, 2009, 12:36 PM
    Quote Originally Posted by this8384 View Post
    Yes yes, I forgot about the Jesus comment. I'm a born-again and have no problem with reference to God or Jesus, but that's just insanity. I have no idea how he's tying the kingdom of God in with serving his tenant a 3-day notice.

    And I resent people who use religion (or God or Jesus) as an argument on anything BUT a religious board. When all else fails, bring God into it. I find it offensive and it makes ALL Christians look bad.
    espy47's Avatar
    espy47 Posts: 7, Reputation: 1
    New Member
     
    #14

    Mar 17, 2009, 01:47 PM

    So,what you are saying, at any part of the stage of three day notice ,even when they{TENTANT} puts the money owe in the court registry. {Here in Florida they have to put rent in the court registry and once they do,the judge set a hearing, if they don't you can then get writ of possession. And the court awards me the money that is in there.so what you are saying then, is that, they can stay at any stage of the 3 day notice if paid.. Even to the court registery.. I thought once I had paid the court the fees which were $294.34 plus $40 to sheriff because of two people on rent agreement. That I could still get writ of possession. At the cost of $70.00.because they fell to pay, not only with my 3 day notice but the court gave them 5 days also.this is the first time that I don't want the tenants to stay. In times past they either were evicted or I got the rent. But these people aren't going to pay anymore. Yes , you are right they need to be terminated. That's what I'm trying to , they moved in and when the rent was due the first they didn't pay. They also moved another person too. 6 people all together and none of them are working .I have in agreement no extra people to move in . With $ 3.00 day charge if they do but I won't get that either. THANK YA'LLVERY MUCH ,THE LORD BLESS You AND KEEP You ACCORDING TO= Numbers 6:22-27
    PS So, I need to go today and give the 15 day notice so by April 2 2009 by giving the 15 day notice.. Then I can start all over with the process.If I don't, that means that it will be 2 months from now { 3-17-2009} getting them out by approx may 20 2009.. At this point I don't want their money let them use it to get another place. They have until Thursday 3-12-09 to put money in the court registry and I'm hoping that they don't, then I can start writ of possession, thanks, please bear with me on my typing, I feel like what forest gump said in the movie " i may not be a very smart man but i do know how to love".. and you wouldn't think so by all this but I bend over back for my tentants and have been taken for a lot money in the past years.I just retired in march 09 and I have only made about 14 k the past few years,thanks
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
     
    #15

    Mar 17, 2009, 02:13 PM

    The whole problem is that you did not terminate their tenancy. You gave them a 3-day notice to pay rent or leave; that gives them the option to pay what they owe and be able to stay. You then filed for eviction after giving a 3-day notice - I assume you did not wait for the 3 days to pass. It's hard to tell what's going on because you're not making things easy to read.

    My brain is absolutely reeling right now. You claim you had to pay a total of $334.94 between court costs and sheriff's fees because of 2 people being on the rental agreement; did you file 2 separate small claims suits? Also, you say you only filed for the 2 people on the agreement; how do you propose to get the other 4 tenants out? If they turn out to be squatters, you're going to have to file eviction on them as well. They may have established residency whether they were on the agreement or not.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #16

    Mar 17, 2009, 03:42 PM
    Quote Originally Posted by espy47 View Post
    So,what ya'll are saying...
    No we are agreeing with what YOU said in response to a similar question.
    espy47's Avatar
    espy47 Posts: 7, Reputation: 1
    New Member
     
    #17

    Mar 18, 2009, 10:40 AM

    Yes ,I had already gave three days and waited ,everything the way court requires.Filed at courthouse.The court alsogi ves 5 days all has been done as the court requires. Tenants have one more day the 5 th day is tomorrow 3-29-09 to file response, but they do have to put all the money that I put on their 3 day notice ,that they owed to me , to be paid into court registry.About the extra $ 40 that is paid to the sheriff which is in next room to the courthouse. It is $ 20.00 for each , my case two on rent agreement person and $40 for the sheriff to serve each with the courts 5 day notice in which time tenant has that period to file a response. If by tomorrow {ends the 5 days the sheriff served] if they have not responded then they can't, and I can proceed with writ of possession.About the other person that's there ,not on agreement ,when I set everything on the road while the sheriff watches, most all will leave they are not allowed back on the property even if they have things on it . I have to put every thing out on the road that's left on my property. One sheriff told them [tenants} this is not mr?? Telling you to leave this Judge?? Telling you to leave.. It 's too late for me now {ended yesterday}, to give them the 15 day notice for this month. Now, I just hope they don't put money in the registery [ which I will get] and wait for the judges ruling on if they leave or not. THANKS


    My question was:
    "I thought once i had paid the court the fees which were $294.34 plus $40 to sheriff because of two people on rent agreement. that i could still get writ of possession. at the cost of $70.00.because they fell to pay, not only with my 3 day notice but the court gave them 5 days also"
    THANKS
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #18

    Mar 18, 2009, 12:07 PM

    If the court is not doing what the law says it should then ask the clerk or judge why not? While courts tend to be more pro-tenant, the landlord still has rights.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search


Check out some similar questions!

Could I moveout on a 3day notice to pay or quit? [ 5 Answers ]

What could the management charge us for, if I moved out on a 3 day notice to pay rent or quit, in California? Meaning gave up full residency and paid the days occupied. It would also be the last month of our lease. I am having huge financial difficulties and can not afford to pay the rent there...

My land lord [ 2 Answers ]

M landlord has got a eviction letter on the property in which I'm living with my two kids and partner ,from county court , because he didn't pay his mortgage on time from last 6 months and I'm renting his property, so kindly tell me what I should do ? And where to go? And for more information my...

My land lord wants to end my lease n kik me out [ 3 Answers ]

Hi my land lord told me I have 60 days to leave the house he said I broke the lease Win I did not cut the bushes I live her for 12 years I cut the grass 3 moths a go he went N cut a lot of bushes and trees what out asking me the size he cut is 175ft long by 50 ft wide Now he wants me to cut...

Land lord entry [ 3 Answers ]

Recently I went away for a month and I spent a lot of time worring that the landlord would enter my apartment well I was gone (it happened with a preveous land lord) I was just wondering if she could do that because I was not there for her to give any notice to if she wanted to enter the apartment...


View more questions Search