Legal Question in Landlord & Tenant Law in Florida

The landlord must follow a legal process to evict you for non-payment of rent. The entire process (notice, file in court, court decides, sherriff comes to kick you out) can take less than 2 weeks. After you are legally evicted (by court order) you have 24 hours to leave. Details of the process and requirements are as follows:

First, the landlord must give you written notice according to FL Statutes 83.56:

(3) If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement. Legal holidays for the purpose of this section shall be court-observed holidays only. The 3-day notice shall contain a statement in substantially the following form:

You are hereby notified that you are indebted to me in the sum of _____ dollars for the rent and use of the premises (address of leased premises, including county) , Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the _____ day of _____, (year) .

(landlord's name, address and phone number)

(4) The delivery of the written notices required by subsections (1), (2), and (3) shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence.

After the written notice, in order for the landlord to gain payment of rent or possession of the dwelling, he/she must file suit in county court. If the court agrees with the landlord, you will be notified in writing. You then have five days (excluding weekends and legal holidays) to respond in writing to the court. If you wish to defend an action for non-payment of rent, you must deposit the disputed rent money with the court pending the outcome of the court action.

If you do not respond or a judgment is entered against you, the clerk of the county court will issue a �Writ of Possession� to the sheriff who will notify you that eviction will take place in 24 hours.

Once you are legally evicted you must leave immediately. You can't just stay rent free. The eviction will result in a debt to the landlord. You might want to leave without the court process in hopes that she does not file anything and that way you avoid a judgment against you.