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ohboy111 · Jul 21, 2012, 07:41 PM

My cousin's landlord in South Florida will be filing an eviction on her 07/23/2012 for non payment of rent. What can my cousin do and rights? She will not the have money until 07/31/2012 in which she had relayed to property manager and she agreed.

Fr_Chuck · Jul 21, 2012, 07:43 PM

She can move, she has the right to move before the eviction and her property is set out to the road.

The landlord I am sure was clear when the rent was due, most likely on the 1st ? So here it is the end of the month and the rent will almost be due again, and they are just promising to pay this months? Will they be paying two months when the money is here or just the past due month

ohboy111 · Jul 21, 2012, 07:46 PM

My cousin mention to the property manager that she will be paying 07 and 07/2012

ScottGem · Jul 21, 2012, 07:46 PM

She has a right to a legal eviction. She has an obligation to pay her rent on time. The only thing that comes before keeping a roof over one's head is food on the table.

Either she comes up with the rent or the landlord goes to court.

ohboy111 · Jul 21, 2012, 07:47 PM

I mean 07/2012 and 08/2012 rent

ScottGem · Jul 21, 2012, 07:48 PM

It is possible the court hearing will not be held before 7/31. So if she goes into court with everything she owes, the court may not grant the eviction.

ohboy111 · Jul 21, 2012, 07:49 PM

Originally Posted by Fr_Chuck

She can move, she has the right to move before the eviction and her property is set out to the road.

The landlord I am sure was clear when the rent was due, most likely on the 1st ? so here it is the end of the month and the rent will almost be due again, and they are just promising to pay this months? Will they be paying two months when the money is here or just the past due month

She will be paying 07/2012 and 08/2012 together that is what she told the property manager and the property told her that she will work with her for this month

ScottGem · Jul 22, 2012, 05:47 AM

Apparently the landlord overrode the property manager. The landlord has final say. However, if she has proof the PM made such statements, she can bring the proof to the hearing.

AK lawyer · Jul 22, 2012, 06:15 AM

Evidently the landord has resolved to get another tenant or, in any event, be done wiith the cousin. If this is a lease situation, the landlord has the right to all payments when they become due for the duration of the lease. And, in this state, the landlord has no duty to mitigate by finding another tenant. But the tenant could attempt to negotiate by, for example, agreeing to move out and saving the landlord the trouble of going to court, in exchange for the landlord forgiving some or all of the future rent.