Legal Question in Landlord & Tenant Law in Florida
/Hello I just moved into rental on Nov. 11th of this year and went over to my landlords to pay Decembers rent and was informed that was evicted because I did not show up by 12 noon that day to pay which I was not aware of as being apart of the agreement. I was also informed that I had to be by the next day. Now as far as I know I should have 30 days from the day of eviction right? I explained this to my landlord and was told that it was not true because I did not sign a rental lease with her by only an adendem contract. Please tell where do I stand. Any help with be appreciated.
2 Answers from Attorneys
It all depends on what your agreement states. What did you sign and what does it state.
If the LL has grounds to evict you for failure to comply with the terms of your tenancy (written or otherwise, including paying rent), the LL must follow FL law to evict you. You do not have 30 days to get out under FL law. See an explanation of FL statutes on LL tenant law at http://www.800helpfla.com/landlord_text.html
Non-Payment of Rent
Section 83.56(3), F.S.
The landlord must serve you, the tenant, a written notice allowing three days (excluding weekends and legal holidays) for you to pay the rent or move from the premises. If you do not pay the rent or move, he/she may begin legal action to evict you.
In order for the landlord to gain payment of rent or possession of the dwelling, he/she must file suit in county court. If the court agrees with the landlord, you will be notified in writing. You then have five days (excluding weekends and legal holidays) to respond � also in writing � to the court. If you do not respond or a judgment is entered against you, the clerk of the county court will issue a �Writ of Possession� to the sheriff who will notify you that eviction will take place in 24 hours.
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