FLORIDA-EVICT IN FL.WITHOUT A LEASE??

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Old Feb 19th, 2009, 12:08 AM   #1
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Confused FLORIDA-EVICT IN FL.WITHOUT A LEASE??

I am new to the site and I would appreciate some help. I am a renter that is currently renting without a written lease. I tryed starting my own home-based business but was not successful, hence-forth I became behind in my rent. I am able to return unused and un-opened product for a full refund less a 10% re-stocking fee. I have communicated this to my landlord who lives out of state and can expect the back rent due when I am reimbursed. But today I was presented an eviction notice, with 3 days to pay. I have personally made many improvements to the home, landscaping and the like...all to her knowledge since the home is for sale, until I had made these improvements no one came to look...even the neighbors said I turned an "eye-sore" into a home that has "curb appeal". I really love the home and have put in many hours,time and money to make it look presentable and do not want to lose it. What can I do?
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Old Feb 19th, 2009, 09:07 AM   #2
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Default Re: FLORIDA-EVICT IN FL.WITHOUT A LEASE??

Sorry, but you have no protection at all. You have no lease and thus no right to remain in the house beyond the LL's wishes. You have not paid rent and the LL has given you a 3 day Pay or Quit notice (not an eviction notice). You must pay all the rent and fees you owe within that period or move out before the period expires. If you do not, she will file an eviction against you. Once filed, it will remain on your court records for anyone to see for many years. (These are public records.) You will then receive the eviction notice from the court and a date for the court hearing. But by that time, your 3 day payment period will have expired, and the LL does not have to accept the rent then (although she may if you can pay up in full before the hearing). If you have not paid by then, the court will rule for the LL and you will be ordered out of the property. If you do not leave, the sheriff will come and remove you from the property and put your belongings on the curb. The locks will be changed and you will be locked out. That is the process.

Without a lease, you have no protections against being asked to leave at anytime. The LL can issue a notice to vacate the premises within 15 days for absolutely no reason whatsoever. They don't even have to list a reason. A month to month tenant has no protections. Don't put money into improvements on someone else's property, especially if you have no lease.

What can you do? First contact your LL. See if she will allow you to sign a payment plan, accept a partial rent from you, or give you some more time (although I would not expect her to do this since she has already served the notice). See if you can borrow the money from a friend or relative, or take out a loan until you can get reimbursed on your goods. If so, pay the rent in full immediately so she will cancel the eviction process before the courts filing. If you can't do these things, move out immediately and notify her you have left, to protect your court record and save yourself from being denied housing in the future. (Once an eviction is on your record, few LLs will rent to you.)

Pay the LL as soon as you can so she won't file for a monetary judgement against you for the unpaid rent. If she does this, it will show up on your credit report as a bad debt and will greatly affect your credit. You could argue in court at this hearing that you have improved her property and she has benefitted from it (and thus negating some of the debt you owe). But if you did not have written permission to do these things to the property, the LL can say that she didn't want these things done and it will cost her money to undo your improvements. She can claim that future tenants will not care for the landscaping and it will cost her money to have a gardener come and maintain those improvements. She can claims that she didn't want _____ (fill in the blank) done to the house and that she will have to remove that improvement and put the property back as it was, costing her more money. (You get the idea.) If you didn't have her written permission to do the improvements, you have basically wasted your money. Anything you put in the property (plant in the ground, permenantly attach to the property, etc.) becomes hers once it is installed. Sorry I don't have better news for you.
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Old Feb 19th, 2009, 09:10 AM   #3
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Default Re: FLORIDA-EVICT IN FL.WITHOUT A LEASE??

The above post is correct you dont have a fight here. For more info try this link


Florida Landlord/Tenant Law Division of Consumer Services, DOACS
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Old Jul 18th, 2009, 12:53 PM   #4
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Default Re: FLORIDA-EVICT IN FL.WITHOUT A LEASE??

Quote:
Originally Posted by seashellover View Post
I am new to the site and I would appreciate some help. I am a renter that is currently renting without a written lease. I tryed starting my own home-based business but was not successful, hence-forth I became behind in my rent. I am able to return unused and un-opened product for a full refund less a 10% re-stocking fee. I have communicated this to my landlord who lives out of state and can expect the back rent due when I am reimbursed. But today I was presented an eviction notice, with 3 days to pay. I have personally made many improvements to the home, landscaping and the like...all to her knowledge since the home is for sale, until I had made these improvements no one came to look...even the neighbors said I turned an "eye-sore" into a home that has "curb appeal". I really love the home and have put in many hours,time and money to make it look presentable and do not want to lose it. What can I do?
Before you made improvements you should of paid the rent. If you had a lease he could evict you. Sorry but you owe money and I hope you have friends and family you an borrow from. It is not the Landlord's fault. What can you do? MOVE-
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