Legal Question in Landlord & Tenant Law in Florida
If I am on a month to month lease, and can not pay my rent until the 10th of aug., can the landlord legally kick me out of the house on the 3rd of aug.
4 Answers from Attorneys
He can provide you a three day notice as of the date the rental is due. After that notice, he can file suit to evict and serve you with a 5 days summons. if you don't pay the total amount due into the court registry a final judgment of eviction can be entered.
Assuming your rent is due before the 10th and the landlord follows the law, then probably yes, he can "kick you out of the house".
Your landlord may not kick you out by the 3rd of August legally. A 3 day notice is required and the landlord must file an eviction in court. Note that the landlord may choose not to accept the rent and go to court for the eviction.
Additionally, the landlord may terminate your lease with 15 days notice before the next payment date.
I hope this answered your questions.
Sincerely,
Joseph Brien
ThePeoplesAdvocate.com
IF this is a one-time situation you may want to talk to the landlord first and explain. If you have been late in the past and this is not agreed to by the landlord, you may very well be evicted.
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