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    wings10cups's Avatar
    wings10cups Posts: 2, Reputation: 1

    Mar 28, 2008, 08:17 PM
    FL Tenant here & been served evict notice - how long until I'm forced to vacate?
    Hello all!
    I live in Clearwater, Florida, and have a few questions about eviction laws/processes. I've been served eviction papers and now have 5 business days to write a reason letter, get the full amount owed & pay my apartment complex.

    I know this is my fault, and I want nothing more than to pay them the monies owed. My apt. management is telling me they won't accept partial payment, only the full amount due.

    My questions:
    1. Should I bring the partial amount I have to court?
    2. And the most important question is: How long do I have until I'm forced to vacate? Of course, this would only happen if the judge deemed that I must vacate and couldn't bring the full amount (or partial) to my hearing. I don't want to fight my complex, I only want to pay them and have reasonable time before I can get everything together to move.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member

    Mar 29, 2008, 04:46 AM
    Hello wings:

    If they accept partial payment, that means they accepted rent (even though you owe more) for the month in question and can't evict you. So, if they are of a mind to evict you, they won't accept partial rent. Neither will the judge.

    You have until the day of your court appearance to correct the deficiency, but you'll going to need to pay them ALL of it.

    How long will it take? Depending on how efficient your courts and your landlord are, you've probably got 3 weeks to a month before the sheriff comes a knocking...

    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692

    Mar 29, 2008, 08:25 AM
    OK, first at the court hearing, you either have to pay in full or show reason you should not be, or be ordered to get out.

    If you can't pay, you should not force them to evict you though the court, this only goes onto a court record of evictions. So if you can't pay, you are suppose to just move out without them having to go to court.
    That is why they give you the noitice and then only those that wish not to follow their rental agreements end up in court.

    But after the 5 days, the apartment managers go down and file for a court date, normally within 1 to 2 weeks locally. Then the judge will order you out in 3 days to one week.
    So you have from 2 weeks, to 4 weeks before they actually sit your property on the curb.
    LILL's Avatar
    LILL Posts: 212, Reputation: 15
    Full Member

    Mar 29, 2008, 08:57 AM

    1... no they probably will not accept partial payment. They will want full payment plus any late fees, attorney fees and court costs.

    2... In Florida (a very landlord friendly state)... they are very quick to evict. If payment is not received at court... you can expect the sheriff within 48 hours from court date.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674

    Apr 27, 2011, 03:01 AM

    Didn't you already post about living in Florida in August 08, then you moved to Ohio? Do you have two residences?

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