Legal Question in Landlord & Tenant Law in Florida

Eviction

I told my landlord I had to move out and would be out by end of month. I have a month to month lease, never been late always paid my rent, she told me I had to be out by this weekend thats 4 days. I have not paid rent this month due to no money, I know she can start eviction, but will I have to be out in 4 days.


Asked on 9/05/07, 7:22 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Eviction

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 give you a three day notice and then begin an eviction proceeding. Although you will probably be out before your landlord can obtain a final judgment (which is much longer than the four days she demanded), she can proceed and then 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.

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Answered on 9/05/07, 9:25 pm


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