Florida eviction nonpayment, how long

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Old Jun 10th, 2010, 07:01 PM   #1
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Big Grin Florida eviction nonpayment, how long

I am being evicted for nonpayment. I have no money. How long does it take and do I have any rights. Please answer soon.
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Old Jun 10th, 2010, 08:36 PM   #2
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Default Re: Florida eviction nonpayment, how long

I wish to inform you that you have a right to defend your self in court. In this regard, you may take assistance from legal aid or may self represent yourself. In court, you may contest eviction lawsuit by showing your rights which have been provided under the lease contract to you. You may show if any of your rights like notice for eviction etc has not been served on you. Florida Statutes Chapter 83 provides for eviction process. The landlord must give you a 3 day notice. If you fail to resolve the matter, the landlord can file the complaint and summons. After receipt of summons, you have 5 days to reply. If you do not reply, the landlord may apply for Default Judgment and obtain the Writ for Possession. The Sheriff will give you a 1 day notice to quit after which the Sheriff will complete the eviction. If you reply to the summons, you can contest the lawsuit in the hearing and place all the facts in your favor before the court. The court will decide the matter after considering all the facts.

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Old Jun 11th, 2010, 07:49 AM   #3
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Default Re: Florida eviction nonpayment, how long

So the timeline is:
3 days - LL gives you a 3 day Pay or Quit notice.
1 day - If you don't pay, he files eviction with the court. (From this point on, that eviction is part of your court record. All future LLs will see it and can use it to deny you housing.)
2-3 days - The court sends you a letter (probably within 2-3 days).
5 days - You have 5 days to answer that.
14-21 days-If you answer, the court sets a hearing within the month (usually about 2 weeks unless the court is very busy in your area of FL.) At that hearing, they sign the eviction since there is no excuse not to pay rent. If there were problems with the unit, you should have deposited the rent with the clerk of court to rent withhold.
1 day - If you don't answer it, the LL asks the judge to sign the eviction against you.
1 day - You get one day by the court to vacate
2-3 days - The LL asks the sheriff to set you out.

Minimum time is about 2 weeks. I'd be looking for a place if I were you. Actually, I'd move out before he filed the eviction so a future LL didn't deny me based on that.
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Old Jun 11th, 2010, 08:34 AM   #4
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Default Re: Florida eviction nonpayment, how long

You can find out about FL evictions at this site.

Florida Landlord/Tenant Law Division of Consumer Services, DOACS
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Old Jan 22nd, 2013, 08:14 PM   #5
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Does the eviction notice have to be in da tenants name whocurrently live there
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Old Jan 22nd, 2013, 08:38 PM   #6
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Default Re: Florida eviction nonpayment, how long

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Originally Posted by qmoney View Post
Does the eviction notice have to be in da tenants name whocurrently live there
Not necesssarily.

Who are you in the equation? Are you the main tenant? A subtenant, renting from the main tenant? An occupant allowed to live there by the main tenant?

Does the eviction notice include wording such "Unnamed Occupants" or "Unnamed Subtenants" or "Does 1-XX" or something similar?
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Old Jan 22nd, 2013, 11:24 PM   #7
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Default Re: Florida eviction nonpayment, how long

Typically, the tenant is served with a legal notice requiring that rent be paid by a specific date (e.g., within seven days of service), after which time the landlord can commence an eviction action. Many times, a landlord will agree to accept a partial payment during this time, with the promise that any remaining rent arrearage will soon be paid in full. If the landlord accepts partial payment (no matter how small) prior to obtaining a judgment on a nonpayment action, upon learning of the acceptance of the payment most jurisdictions will dismiss any eviction proceeding premised on nonpayment of rent. The landlord must then start the process over, in relation to any additional rents owed. Typically, even after judgment the tenant has a period of time during which the rent arrearage can be paid, so as to avoid eviction.
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