Legal Question in Landlord & Tenant Law in Florida

My landlord filed an eviction notice that has gone thru the entire process down to the 24hour notice in July but never made me move out. He has taken rent from me in large amounts but has refused to give receipts with the with the exception of a few that were confirmed by text messages. Today he says he will proceed with his writ of possession, it is 6:15p.m., do I have any rights and how much time do I have to remove my personal belongings?


Asked on 12/05/16, 4:17 pm

2 Answers from Attorneys
Barry Kaufman The Law Office of Barry W. Kaufman

Were you served with a complaint for eviction (the complaint can be left at your doorstep or stapled to the doorframe)? There's no such thing as a 24 hour notice. There's a 3 day notice during which you must pay rent or else. Let's assume for the sake of discussion that he has a final judgment of eviction and has obtained a writ of possession - when the sheriff shows up to execute the writ, that's it. You don't have time. You have to leave.

On the other hand, assuming you have related the facts of your case accurately, it sounds fishy. If you were not served with a complaint for eviction or if there's no final judgment of eviction, there is no writ of possession. You should find a lawyer in your town fast.

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Answered on 12/06/16, 4:12 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

Holding the writ of possession in abeyance can backfire on the landlord. it sounds like you have a new tenancy after the writ was served and not enforced. This new tenancy likely requires a new eviction action. This said, if the Sheriff enforces the prior issued writ of possession, you may have to seek relief from the Court. Hire an attorney asap

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Answered on 12/06/16, 7:46 am


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