[johnhwilcox]

My landlord claims that if I do not pay my rent he can evict me immediately because it is a motel. I have lived here for 3 years, and pay weekly. I am 3 weeks behind. He claims the Sheriff's department can enact an immediate conviction. Is this true?

[johnhwilcox]

I meant to write eviction, not conviction. And what do I say to the Sheriff's deputy if he comes to tell me to get out?

[ScottGem]

He's right and wrong.

Under Florida law a transient resident of an establishment defined as public lodging, can be removed by law enforcement if the landlord orders them out. However, I don't think your situation qualifies as public lodging. I assume this is is your sole residence and that you can prove that. If so, then you wouldn't be considered a transient resident.

http://www.volusiapropertyowners.com...t_Handbook.pdf

However, the news is not all good for you. Since the issue is non payment of rent, the landlord can give you a 3 day pay or quit notice. If you are not paid in full within the 3 days, then he files for an eviction order.

So, as a weekly rental the most notice he has to give is one rental period and then he can get an eviction order. But he can't just kick you out even if he calls the cops on you.

[johnhwilcox]

Thank you. Your response is very helpful.