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mikedaddy13 · Mar 3, 2007, 09:02 PM

I was served eviction papers from the sherrif here in Florida.It is a five day notice.What can I do a far as filing with the courts to get it extended so I can get paid up.

suzzicopeland · Mar 3, 2007, 09:09 PM

Well, first of all, law mandates that any landlord must give you a 30 day eviction notice, and then it has to go to court for the judge/jury to find you guilty of not paying your rent. If you pay the current months rent before the court day, the landlord can then revoke your eviction notice, and cancel the court date. If he or she only gave you a 5 day notice, you need to go to your local courthouse and show them the eviction notice. Hope I was able to help.

Suzzi

LisaB4657 · Mar 3, 2007, 09:30 PM

The law does not mandate a 30 day eviction notice. The reason for the eviction dictates the amount of notice. For non-payment of rent the amount of notice can be anywhere from 3 days to 14 days.

It sounds like mikedaddy13's case has already gone through the court. He said that the sheriff served the eviction notice. That usually means that the landlord got a judgment for eviction and filed the eviction request with the sheriff. The sheriff is now notifying him of the date that the eviction will be performed.

Mikedaddy13, first contact your landlord and see if they will give you an extension to get caught up. Also contact the clerk of the court where the case was heard and see if you can file a motion for a hardship stay of eviction.

jillianleab · Mar 4, 2007, 10:43 AM

Originally Posted by mikedaddy13

I was served eviction papers from the sherrif here in florida.It is a five day notice.What can I do a far as filing with the courts to get it extended so i can get paid up.

Were you served an eviction notice, or a 5-day pay-or-quit notice? There is a difference. If it's a pay-or-quit notice, you can contact your LL and see if he will accept partial payment or give you more than the 5 days before hauling you into court. Of course, he's under no obligation to do so.

If you were served actual eviction papers that means you've been to court and the judge ruled against you. You have to leave by the time the 5 days are up or the Sheriff will show up and force you out. If you haven't paid by then, your LL can garnish your wages, bank account, or turn you over to a collection agency.

Dolores87 · Mar 31, 2008, 01:42 PM

I am in California and the house in under rent control laws. My daughter moved into my mother's house more than a year ago. Mom was still alive but had alzheimer's. Subsequently she died and I became owner and I want this daughter to move out. She never paid any rent, won't work and gets by on child support and food stamps for her one daughter. How do I evict her as she won't move. This rental is the only income I have at this point and I need it to live. And if she is evicted I am sure she will stay till the last minute. If the Sheriff puts her out how does that happen?