Legal Question in Landlord & Tenant Law in Florida

i have been living in my house for two years. paying weekly to bi weekly payments to landlord. from 200 to800$ each payment. she has a rental agreement that she made me sign but she will not write me a lease. i have asked her fifty times. we are a month behind in rent(have been since we moved in because we couldnt give her her first and last when we moved in we just started paying weekly payments,as much as we could afford each week.)she is still excepting every payment but calls me twice a month to threaten that if i cant give her more money that week that she will have us out in a week.(i have 3children who live here with me)i want to know if that is actually possible.if she could have me and my children out of our home in one week. she has not started any eviction processes or any thing. i am still making payments directly into her account i have all receipts.


Asked on 3/28/13, 7:13 am

2 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

No that is not correct. on a month to month tenancy she would have to give you a 15 day notice to vacate. She could file eviction notice for non payment of rent and give you a three day notice to pay or vacate. However, if you do not vacate then she would have to file an eviction which would give you an opportunity to have a hearing.

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Answered on 3/28/13, 7:21 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

Making payments and her accepting them would void any written notices of delinquency. If she stops accepting partial payments, you are in trouble and can be out in short order, but not a week.

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Answered on 3/28/13, 10:19 am


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