Legal Question in Landlord & Tenant Law in Florida

Eviction

I am currently in a bit of a problem. I started a lease, which I wanted to start on Jan 1rst. The lady started the least on Dec 11th, in turn wanting rent on Jan 1st. Which I informed her she was trying to screw me, and I was not going to pay it. Am I correct in my belief that if she starts an eviction process, that after I pay my rent on feb 1st that she has to start the eviction process all over again?


Asked on 12/18/08, 3:08 pm

1 Answer from Attorneys
Justin Schmidt Law Office of Justin B. Schmidt, P.A.

Re: Eviction

No. You are not correct. Once the eviction process has been started by her sending you statutory 3 day notice and filing an eviction complaint with the courts, your landlord is not obligated to accept your rent. If she wants you out, she can continue her eviction.

There may be other defenses you can use in order to extend your stay. In order to exercise a valid defense, you will need to pay any past due rent directly into the court registery.

What do you mean you wanted the rent to start on 1/1 and she wanted it to start on 12/11? The lease should specify the date rent commences so there should be no confusion. When did you move in?

If you truly wish to stay, then you should meet with a local Landlord/Tenant Atty who can advise you of how best to proceed.

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Answered on 12/18/08, 8:54 pm


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