5 day eviction

[ladycatblue02]

dose anyone know how long after getting a 5 day eviction in Brevard county be for they can set you out ?

[sunlover]

5 day eviction? Have you been to court yet?

I'm confused. I thought Brevard County was in FL. FL has a 3 day pay or quit notice prior to eviction for non-payment, a 7 day perform or quit notice for lease violations, and a 15 day notice to terminate m2m tenancies. Where did the 5 day notice come from?

[sandyclaus]

Originally Posted by ladycatblue02 dose anyone know how long after getting a 5 day eviction in Brevard county be for they can set you out ?

There is no such thing as a 5-day eviction in Brevard County (Florida, I'm presuming). If you received a notice from your LL due to nonpayment of rent, the notice should give you 3 days to pay or quit. After this time has passed, the LL can file papers in court to evict you. When you are served with the court papers, you have 5 days to respond to the court. After this, the LL may request a default judgment (if you didn't respond), or proceed to trial (if you did).

You CANNOT be removed from the premises until the court orders it! Depending on what you were served and how you responded, the process could take anywhere from a couple of weeks (if you didn't respond and aren't challenging the eviction) to a month or more (if you did respond and decide to challenge the eviction in court).

My thoughts exactly. The only other thing this 5 day could be is if the tenant has already been to eviction court. The judge ruled to return possession to the LL and gave the tenant 5 days to be out. (A 5 day grace period before a set out is scheduled.) If this is the case, you have the 5 days and no more. The set out can be scheduled anytime after that.

[ladycatblue02]

yes i live in florida melbourne and we were serve with a 5 day and it was not that we were not paying our rent, My husband had a bad heart attack in dec of 08 then two more within this year and he is now liveing on 9% of his heart and due to all this stress and haveing to put everything into a storeage he is haveing pains agin and may end up back in the hosptal agin. we got a little behind and was getting it paid and the ll just file papers for us to get out we have been haveing a mess with her over things to do in this house so now she just wants us out. and now we have no where to go yet and no money my husband can not take all this. i just wanted to find out how long befor she can have us put on street. as she don,t want to work with us are fix anything. we have all our things in storeage now but for a few things we need and our pets. Its takeing everything we got to pay for my husband,s pills and dr,s we had no health ins as he was hearthy but then he is sick you just never know. thank everyone for all your reply,s to this i am just so worry about this noone wants to help anyone any more and here i have tried every where with no luck but what can one do it,s not relly anyone els worry. i feel bad for my husband. He will get ssi but just not fast enoung thank you much

Sorry to hear about your husband's illness. But you say you were behind in your rent. Getting behind in the rent, even a little, allows the LL to file to evict once the Pay or Quit notice is served. She actually served you a longer Pay or Quit notice than what was required for your state. So I would think that this notice would hold up in court because she gave you at least the required amount of notice. If you did not pay in full what you owed during that notice period, she can file for eviction with the court. A hearing would be scheduled in court. You probably will receive a copy of this summons very soon. You will have a chance to give your side of it, although the judge will not take your husband's illness into account. The fact is that you have not paid your rent as agreed and the LL does not have to wait for it. Your hearing will probably be within the month. Evictions for non-payment are fairly easy to do. All she has to prove is that you haven't paid the rent that is due. If you are lucky and get a sympathetic judge, he may allow you to set up a payment plan to get caught up. But do not depend on that.

One other thing that I noticed about your post - you placed your extra belongings in storage and retained your pets. Both of these items are costing you money, aren't they? Wouldn't it have been better to get rid of the pets (saving money on pet food and vet bills) and to sell the items instead of paying for storage? I know these pets feel like family, but when it comes to choosing pets or paying for a roof over your head, priorities need to be set. It is more important to provide housing for your ill family members than to keep unnecessary pets or items. My apologies if that is too blunt, but you may end up evicted and your items set out into the street. What is more important?