Log in

View Full Version : Florida Rent Grace Period


lacy21
Sep 11, 2012, 07:25 AM
I have had my hours cut drastically at both of my jobs. Could only send my landlord half of the rent and promised to give other half in one week when paid. My lease was up 8/27/12 and I have not signed a renewal. Just received a letter from my landlord yesterday that I have 3 days to pay or he will evict me. I cannot pay until Friday. Can he evict me? Help

smoothy
Sep 11, 2012, 07:28 AM
He certainly can... your rent is due on the first of the month unless you have a written lease to the contrary... furthermore Florida is one of those states that they only have to give you 14 days notice before evecting and not 30 required most places.

They don't HAVE to give you any grace period at all. And they don't have to accept anything less than the entire payment.

I would recommend borrowing that money off someone if you can... ASAP, or find someone to move in with in the next couple weeks.

lacy21
Sep 11, 2012, 07:38 AM
Does this apply even with no lease - the lease was up aug. 27 and I have not signed a renewal

smoothy
Sep 11, 2012, 07:43 AM
Does this apply even with no lease - the lease was up aug. 27 and I have not signed a renewal

You are considered in a month to month lease absent a written lease for a longer period... and it ( the 3 day pay or quit as well as eviction) applies with or without a written lease. And it also applies to ANY adult living on someone else's property... even if they are your parents and you pay no rent.

Eviction is the legal process to remove someone from a property.

Fr_Chuck
Sep 11, 2012, 08:08 AM
He will give a pay or quit, if you don't pay, he can start legal eviction in court.

Most likely if he agreed ( did he agree or did you just tell him) he is doing this only to protect hisself if you don't pay.

There is no "grace period" this is not life insurance. It is due on the exact day it states, it is late one day latter.

ScottGem
Sep 11, 2012, 09:35 AM
I have 3 days to pay or he will evict me

The thing is here, that I don't think you understand what evict means. Only a court can order an eviction. So, if you don't pay within the 3 days, then he goes to court for an eviction order. This requires a hearing. If you can pay up before the hearing the eviction process can be ended.

But I suspect you think that he can kick you out once the 3 days are up. That's not the way it works.

Also to clarify, just because your lease has ended doesn't mean parts of it aren't still in force. Except for the expiration and rental the lease terms remain in effect on a month to month basis.

And, yes he can give you 14 days notice that he is terminating your tenancy, but the law states that such notice must be given 14 days prior to the end of the rental period, but that the end of the rental period is when the tenancy ends. So you can't be required to vacate, except for breach of the lease (like unpaid rent), prior to the end of the rental period.