Florida Eviction Laws URGENT PLEASE

Ray, That is a myth. Any tenant who has not paid rent can be evicted, regardless of children, health conditions, hospitalization, time of year, or any other issue. A sympathetic judge may give her a couple more days to move out, but she will still be evicted.

Considering that she has not paid rent for 5 months, and the child has only been hospitalized for 3 weeks, I can't see how this has any bearing on non-payment. She didn't pay the 4 months before the illness. So using it as an excuse now won't work.

I suggest you go move your aunt and her kids now while she is busy. If she has already been to court, a sheriff can set her things out on the street any day now. If she hasn't been to court, she needs to be out by the court date. If she moves out prior to filing it (during the notice period), the eviction will not show up on court records because it will not have been filed with the court yet. This will save her from being rejected on this basis later.