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    godsbest's Avatar
    godsbest Posts: 5, Reputation: 1
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    #1

    Dec 16, 2010, 04:53 PM
    How long after landlord gives letter to pay past due do I have before he takes poss
    I was behind three months rent. So when I was abble I started to give him 200 a week to try and get caught up. Within 6 weeks I got it down to 2100. Well last week he told my wife that 200 wasn't going to cut it so we didn't give him anything. Today I came home to a three day notice to tenant demand for payment or possession. Now I notice that it looks like he just printed this off the internet and there isn't any type of court stamp or signature on this letter.I had given him first and last when I moved in so technically I only owe him 1100 if I get out by the end of the month which is possible. So iwanted to know if he can do this without filing a legal eviction notice through the court? From what I have heard he has to give me that which would give me 30 days to get my family and stuff out of his house. I don't know if it makes a difference but I have 2 children 8 and 10 . Please I need some help with this situation, not to mention he was in my mailbox yesterday when my wife came home
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Dec 16, 2010, 05:01 PM

    Hello g:

    The first step in the eviction process is a 3 or 5 day "pay or quit notice" (depending on where you live). If you don't comply, only then can he file an eviction lawsuit. If you're leaving by the end of the month, the suit becomes moot. If, perchance, there's a hearing before you vacate, the fact that he's taken PARTIAL rent from you this month, should be grounds for dismissal.

    Hopefully, this answers your questions.

    excon
    godsbest's Avatar
    godsbest Posts: 5, Reputation: 1
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    #3

    Dec 17, 2010, 05:23 AM
    Comment on excon's post
    Thank you I live in Florida. Also does squatters law apply here?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Dec 17, 2010, 06:33 AM
    Quote Originally Posted by godsbest View Post
    does squatters law apply here?
    Hello again, g:

    No.

    excon
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #5

    Dec 17, 2010, 08:38 AM

    There is no sich thing as squatters rights in Florida. Adverse possession, not squatters rights, and that also does not apply.
    godsbest's Avatar
    godsbest Posts: 5, Reputation: 1
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    #6

    Dec 17, 2010, 03:17 PM
    Comment on excon's post
    Was just asking still intend on being gone by end of month thank you for the help
    godsbest's Avatar
    godsbest Posts: 5, Reputation: 1
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    #7

    Dec 17, 2010, 03:20 PM
    Comment on excon's post
    Should I still try to give him another payment though? Because my intent is not to leave a balance outstanding
    godsbest's Avatar
    godsbest Posts: 5, Reputation: 1
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    #8

    Dec 17, 2010, 03:22 PM
    Comment on ballengerb1's post
    What is adverse possession?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #9

    Dec 17, 2010, 03:23 PM
    Quote Originally Posted by godsbest View Post
    should i still try to give him another payment though? because my intent is not to leave a balance outstanding
    Hello again, g:

    Sure. He may not take it because it will affect his rights... Or, he will. I don't know. He SHOULD. But people don't always act the way I think they should.

    excon
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #10

    Dec 17, 2010, 08:05 PM

    Here's adverse possession for your info Adverse Possession Law

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