Legal Question in Landlord & Tenant Law in Florida

My friend was given a move -out notice stating that he had until Nov 30th to move out. On the lines where it states if there was any monies owed for back rent or anything like that, the mamanger left blank and then she signed the notice. My friend then received a three day notice stating that he owed them 1800.00 which the management said was stated in his lease. No where in his lease is that amount indicated. He moved out on the 30th and then he received a message from the management office that they filed eviction papers on Nov 27th. He doesn't live there anymore. He moved out on the 30th liked stated in the move-out notice so how can they file for eviction and how can they serve the eviction notice when he doesn't even live there. Please Help what should he do. Should he sent a notice into the court informing them that he has moved out and ask that the eviction be dismissed???


Asked on 12/09/13, 1:17 pm

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

1. If the matter is eviction only he can respond to the Court copy to landlord that he has moved out.

2. If he was sued for the rental owed as well, then he needs to respond to that claim. Did he get a 5 day summons or did he get a 5 day and a 20 day summons?

3. Seek legal help with the paperwork.

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Answered on 12/09/13, 1:37 pm
David Slater David P. Slater, Esq.

He must answer the complaint or he will lose by default. Suggest he retain counsel.

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Answered on 12/09/13, 3:40 pm


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