Questions about the eviction process in Florida

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Old Jul 29th, 2009, 04:42 PM   #1
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Default Questions about the eviction process in Florida

I live in Florida and have a few questions when it comes to the eviction process. I have not paid my July rent but have been in contact with my landlord and have told her that I will pay July and August's rent as soon as I get my checks from school. Now for my questions (1) From what time in the day until what time can they post for eviction? (2) Does the three day to pay have to be in writing or can it be verbal? (3) If I can not pay within the 3 day notice but can pay before the court date can they stop the eviction?
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Old Jul 29th, 2009, 05:17 PM   #2
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Default re: Questions about the eviction process in Florida

1. Depends on when they get to court to file and when your served

2. Normally its in writing have you got one? Was it in writing? How you got it wont change fact you have not paid rent

3. Yes if the Landlord chooses to accept the rent (with any late fees) and drops case
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Old Jul 29th, 2009, 05:20 PM   #3
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Default re: Questions about the eviction process in Florida

The link below may help

Guidelines for Florida Residential Eviction
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Old Jul 29th, 2009, 06:56 PM   #4
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Default re: Questions about the eviction process in Florida

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Originally Posted by sunlover View Post
1. Depends on when they get to court to file and when your served

2. Normally its in writing have you got one? Was it in writing? How you got it wont change fact you have not paid rent

3. Yes if the Landlord chooses to accept the rent (with any late fees) and drops case
1. They were suppose to go yesterday but have not talked to them since Monday.
2. No nothing in writing yet. But i am not disputing that I owe them the money just need a little more time.
3. This one is a question, is there a time frame that they can post? Ex. from 9am to 5pm?
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Old Jul 30th, 2009, 12:49 AM   #5
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Default re: Questions about the eviction process in Florida

They need to give you an official written 3 day Pay or Quit notice. Verbal isn't good enough.

Once it expires, they can file the eviction with the court during any court hours. It may take the court a couple of days to serve you. They can serve it whenever the bailiff or sheriff has the time. You can be served at any time, home or away. You may also be served through the mail or by posting it on the door of the residence if you aren't home. These are legal forms of service and you can be evicted through any of them. In some states, you can even be served by listing it in the paper for a few weeks (service by publication). Service of eviction papers or pay or quit notices are not limited to work hours.

The LL can CHOSE to accept the rent, late fees, and court costs up to the day of the hearing. But he doesn't HAVE to. He can refuse and just ask for you to be evicted.

I would suggest that you find the money to pay the rent now or move. He doesn't have to wait for the rent money and can just chose to evict you. Once eviction is filed, you will find that other LLs will deny you based on it. It becomes part of your permanant court record as soon as it is filed.
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Old Jul 30th, 2009, 03:18 PM   #6
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Default re: Questions about the eviction process in Florida

Back again. Just got the letter today and in it they put that they had given me a 3 day written notice but they never did. Like I said before I am not disputing the rent is due and I really do not want to ruin the relationship I have with them or move. Instead of writing the court, I have written them a letter stating how I can pay the rent until I get my check from the svhool. There is no court date, it is the one that gives me 5 days to respond. Now for my question, is it better to work it out with them or wait for my day in court and hope we can work it out then? And with them filing the 5 day notice and me getting it in the mail, will thye post that notice on my door? And is the 5 day notice the starts of the eviction process and will that go on my credit?
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Old Jul 30th, 2009, 03:22 PM   #7
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Default re: Questions about the eviction process in Florida

Some states do not require proof you got letter. It can be taped to door. Besides as you sday you "know" you did not pay rent that is not in dispute. Once the three days expires they can file for unlawful detainer
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Old Jul 30th, 2009, 10:04 PM   #8
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Default re: Questions about the eviction process in Florida

Answer the paperwork that you just received!!! If you fail to answer the paperwork as the notice directs you, it will go straight to eviction! Didn't the paperwork tell you to send your answer to the court? Then an answer sent to the LL will NOT count. It will be the same as if you had ignored the notice. Send your answer as directed in that notice!!!

It would be nice to work this out with your LL. But it appears that it has already gone past that point. They are serving proper notices and this is fast approaching an eviction. Asking them how you are to pay your bills does not concern them. You owe them rent. How you meet that obligation is your concern. Neither the LL nor the court is going to cut you a break just because you haven't gotten your school check yet. You need to act fast. Find some way to pay your rent now. Borrow it, take out a loan, something. Or move out before you are evicted. Once eviction is filed, it will be on your court record. Other LLs will deny you housing because of it. Once evicted, they will seek a judgment against you for the money you (including court costs). That will ruin your credit. Pay or Quit means just that, pay the rent or move out. Do not take this lightly.
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Old Aug 18th, 2010, 09:47 AM   #9
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Confused Re: Questions about the eviction process in Florida

Hi. I appreciate your advice very much.

Rented a house 3 mos ago. The Air Conditioning still leaks 4 inches of water inside the house buckets have to be emptied hourly sometimes slightly more. Half the house has lights on the other rooms are in darkness. I dont know why. I signed a lease. for $900 rent/ $900 depo'sit. Bank representatives showed up to tell me the place was in foreclosure and the landlord hadnt paid his mortgage in over 2 and a half years owes over $90,000.

Now I have a 5 day notice for eviction from the landlord for failure to pay.

What options do I have Sir?
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Old Aug 20th, 2010, 01:06 AM   #10
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Default Re: Questions about the eviction process in Florida

See your other post. Duplicate posting.
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