Legal Question in Landlord & Tenant Law in Florida

Eviction time frame
Our rent is due on the 1st and is late after the 5th of the month. We are late this month (Oct) and I explained to the landlord, why and let im know that we would come up with the rent by the end of the month. He asked if we could have both months by the 5th of Nov. I said yes. Now he comes and gives me a 3 day notice saying we have until Monday the 29th at 3pm or we have to vacate the premices. How long do we have before we will accually have to get out? We live in Okaloosa County, FL. I read in the court house web site that this is just step 1 that we would not be kicked out by Monday. However I would like to know how long I do have to move and find somewhere for my children to go in order to finish the school semester.

Asked on 10/25/07, 9:56 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

0 users found helpful

0 attorneys agreed

Re: Eviction time frame

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If you have not paid your rent, your landlord can (and did) give you a three day notice and then begin an eviction proceeding. If you fail to comply by paying the rent, the landlord will then have to file a suit for eviction and serve you with it. You have 5 business days in which to respond. If you do not respond, then the landlord can apply for a default and then schedule the case for final hearing at which time a judgment will be entered. After the judgment is entered, the landlord needs to obtain a Writ of Possession which must then be served on you by the sheriff. Theoretically, the sheriff will then return 24 hours later and physically evict you. In reality this can be 5 - 10 days later depending on where you live. The entire process generally takes from 4 -6 weeks.

You will probably be out of the residence before your landlord can obtain a final judgment (which is much longer than the timeframe you requested). The landlord can file a certified copy of the judgment in the public records as a potential lien against you. It will be good for ten years and can be renewed for an additional ten years. In addition, it will be picked up by the credit bureaus and will be a negative entry on your credit report for many years to come.

You would be well served to work things out with your landlord to avoid this problem with your credit history. The advantage for the landlord is to save the cost of the filing fee, sheriff for service of process and possible attorney's fees.

Scott R. Jay, Esq.

Answered on 10/26/07, 12:57 pm

Mark as helpful