Legal Question in Landlord & Tenant Law in Florida

My landlord posted a 3 day notice on my door today 2/1/17 and said she will be there on Saturday 2/4/17 with the police to remove me from the premises. Is this legal? And if she does show with the police what can I do?


Asked on 2/01/17, 6:38 pm

1 Answer from Attorneys

Barry Kaufman The Law Office of Barry W. Kaufman

If this is a 3 day notice that says that you have to pay rent by a certain date or face eviction, then the police cannot do anything. Your landlord has to serve you the 3 day notice and if you don't comply THEN the landlord can sue you for eviction. You have to be served with the eviction complaint (the complaint can be left on your door, you do not have to be given the eviction complaint, so trying to avoid service of the complaint won't work.) The landlord then has to obtain a Writ of Possession from the court; that writ gives the Landlord the legal right to evict you, and that's the only order the police care about.

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Answered on 2/02/17, 5:58 am


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