Legal Question in Landlord & Tenant Law in Florida

I filed for eviction in citrus county. It was dismissed for without a hearing for C96-38 administrative order. I looked at it and the only thing I can see is that I didn't file the lease. So my question is, can I refile or did I loose everything and have to wait for them not to pay in July then start with another 3 day notice and so on.

Asked on 6/30/13, 1:07 pm

You answered this question not long ago for someone else. I also just received the same order from the judge. The problem I have is there is no leese. We had a verbal agreement for monthly rent and the tenant has never paid. What do I do now?


Asked on 7/29/14, 2:48 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

1. Your complaint when filed needs to state that the lease is an oral one to explain why it cannot be attached.

2. If no written lease, you can terminate it based on statutory notice (15 days if paid monthly) and evict after the notice period runs out. It also means you cannot accept any further rental.

3. Hire an attorney and get it right this time.

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Answered on 7/30/14, 6:25 am


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