PDA

View Full Version : What exactly is the eviction process in Florida.


momsthename4
Sep 28, 2011, 06:51 AM
We are late on our rent. The majority of it paid we are late on $100.00 of the rent. Our landlord came over the home last night wanting the late payment and my husband explained that we are short this week and that he would get it to him next week. The landlord became hostile and said that if we didn't have the money today that he was giving us 3 days to get off the property. We have paid our rent every time and now over $100.00 he is wanting us to pack up and move. We have had several conversations with him over repairs needing to be done in the house. When it rain our kitchen get flooded because of leaks in the window seal and the front door frame is crumpling apart because of water damage. I have taken pictures of these things and requested he make the improvements. It seemed as soon as we asked that the repairs be made he began to be hostile with us. Do I really need to leave in 3 days. What can I do?

AK lawyer
Sep 28, 2011, 07:25 AM
... Do I really need to leave in 3 days. What can I do?

No. But if he first gives you a written notice to quit, and you haven't left in the requisite period (3 days after you get that notice), he can go to court and get the court to order a peace officer to put you out.

Summaries of the procedure are found here (http://rhol.org/csu/evictions/Florida/FloridaSteps.htm) and here (http://accessevictions.com/landlord-tenant-attorneys/landlord-attorney-directory/florida-eviction-process/).

If you can prove that it is a "retaliatory eviction", motivated by your demands for repairs, that might buy you more time.

I suggest you figure out how to apologize to your landlord for the angry words that were exchanged and see if he will give you another chance.