Florida Eviction Laws URGENT PLEASE

No, you will not have more time to move because she is disabled. Disability laws allow you accommodations for her disability. This has nothing to do with failure to pay. Failure to pay and her disability are not related. Sorry. Move out within that time or face the eviction suit. Once filed it will remain on your court record for years.

Long story short. My house in in forclosure. The landlord has lied to us for the past several months. It is at the point of the attorney, for the bank, petitioning for a sale date. I'm not giving this woman another cent. I understand that it is still within her rights to evict me....but here's my question. We have not been on a lease with her for the past 2 years. So if I pay her $100 a month, if there is no active lease then how can she enforce what the rent is? Also, if I have an option to attend the eviction hearing can I explain to the judge that I'm not paying her because the house is about to be sold to the highest bidder? Thanks for any help.

The $100 a month won't work. She has proof of how much you have been paying for the last 2 years. No judge is going to think that your rent suddenly decreased that much. What you have been paying will be considered the rent level. That will be the amount enforced.

You can attend the foreclosure hearing, but you will not have a chance to speak at the foreclosure hearing. You are not a party to it.

You will have the chance to speak at the eviction hearing. But your defense will not hold up. The rent is paid for the ability to stay in the unit for that month. If you are in the unit, you owe the rent. The LL's financial problems are not a part of your rent. The LL has the right to collect rent as long as he/she is still the owner of the house. Further, since you have no lease, the foreclosure doesn't affect you. You have the ability to just give notice to move out. You are not being forced out. If the house sells at the foreclosure auction to a new owner, you will get the same amount of notice to move out. Pay your rent or give notice and move. If you don't you will ruin your court record. Eviction stays on it for years and future LLs will see it.

I am currently in the process of being evicted in Florida, was served the three day notice but could not pay all rents due including late fees at that time (due to job loss and change). Eviction was filed by the LL and all procedures where followed by me according to the summons. I responded within the 5 days and deposited what would be equal to two months rent. My landlord in in possession of my last months rent and security which is equal to another two months rent. I was waiting for my hearing but never received one, only the final judgment. I was told that I needed to file an emergency motion to determine rent, which I did and now have a hearing next week.

The question is, how do I defend myself at this hearing? My lease is now month to month because it expired over a year ago. I was renting for two years without ever having a problem paying until recently. I don't have a problem moving, I just need some time. There was never a motion filed by the LL to cancel the lease or was I given 15 day notice on the month to month. How does this work, or does the 3 days notice automatically cancel the lease?

Lastly, my rent is very expensive. I have lived in the same home now for over two years. Rents have come down, plus being the first one in the townhome complex, my rent is higher than everyone else. Can I ask the judge to lower this? Will the judge rule on what I owe at my hearing and how long would I have to pay if she says I owe another month?

Your defense: How much you have in escrow (2 months worth) and the pre-paid 1st month's rent. (Deposit is not considered for rent - don't ask for it to be.)

Next, to ask for lower rent, get written quotes on comparable units in your neighborhood. (When used for home sales, these are called comps). Especially for those in your building if possible. Ask the judge and LL if they would consider a lower rent level. But, until they agree, you owe that level of rent. You may want to move to a cheaper unit.

i have been renting a three bedroom condo for 12 months about 4 months ago we found black mold in the bedroom my son sleeps in[who has asthma as of recently] and is in contract to buy a home[this is in florida]. i have a 45 day opt out in the lease with proof of purchase of a home. well back to the mold the landlord or the association we live in had somebody come out to kill the mold. Have not seen these guys since. they tore out the drywall in the closet and has the doors oiff and sealed with plastic.For four months. I gave them the forty five day notice and c ontract on the house.Iwill be out on aug 1st and didnot pay the rent for july simplky because they destroyed the trust and i believed getting my security deposit back would just be another fight. so i figured keep the security deposit as last month rent. they want to start eviction process when we're movin in two weeks.what do you think???

I think they will win. They removed the drywall and the mold so there is no longer any in the unit. Yes, they didn't repair the cosmetic issue of restoring the drywall, but since your lease is set to end in a few weeks, a judge would probably let them slide on that. You should have taken action on that within days of their leaving it like that. You can't just stop paying rent and you can't ask them to use the security as rent. If they start eviction, they will win. They acted to remove the hazard when you notified them, even though they may not have had any obligation to do so. (A rental contract is very different than a contract to purchase or RTO contract. A LL's obligations are different under each.) Yet you still have not paid rent and there is no mold present. Eviction for non-payment is pretty easy. I suggest you pay very soon. Once eviction is filed, it will be on your court record for any future LL to see (and employers, friends, relatives, etc. -This is a public record. You will be denied future housing for this.) If you move and the deposit doesn't cover rent and damages, a judgment will be sought. That will ruin your credit.

I have recently read most of the laws. I have a unique situation....However, I will just keep it short...I have been renting 1 year, now on a month to month. I live in Florida and in a DEED restricted neighborhood. The LL owns a mowing distributing company and a mowing company owes him money. So he is making them cut my law. However, they haven't been by in a MONTH! So I asked the LL, Hey if you get me a mower I can do it? Also many neighborhood kids have said they would cut it for $20. In the lease it states that the LL is responsible for law care...Well it looks bad on me b/c i like to keep a clean house, plus people in the neighborhood knows the owner and wonders why the law always looks so bad. I've had the committee complain to me and neighbors...so I keep asking...Then to top that off i had a massive ant problem, again, LL responsibility. Inside and out. I have a 2 year daughter...so now i am getting concerned. I don't have the extra $ to take care of these problems...So after reviewing the Rent Laws of Fl. I decided to send him a certified letter with a signed conformation of these issues and let him & his wife know that I am withholding rental payment until these issues are address. Now I have a feeling I am getting evicted.

What should I do. I am looking to get out of here anyway b/c the LL is a psycho lady anyway and very controlling. I think she thinks I am involved with her husband. But whatever. I just want out. She actually sent this exact text message to me:

Mon, Sept 28, 4:01 pm
just to let you know. My ex husband shot a man. His attorney and a friend of mine made it not exist. This is true.

I see all these post’s on this site about what a renters rights are. If you people just pay your rent you wouldn’t need to know. I don’t care if you lost a job or your having a hard time, its not the landlords job to support you, go live with your parents. I have a tenant that is not paying me and its making it hard for me to meet my obligations. You people need to live up to your obligations!!!

Can a LL evict a tenant that has children? Specifically speaking, a todler and an infant who has been in the hospital for the past 3 weeks and will be there still for 10 more days. My aunt apparently has not paid the rent for 5 months and now my neice and her to children are being evicted. I have always heard that they can't evict you of you have children. Is this true in FL. or just a myth? Thank you.

Ray