Legal Question in Landlord & Tenant Law in Florida

I have a "room mate" who has been living with me and my girlfriend for about a year, we have no written lease agreement with him and he does not pay any rent but he does get some mail to our address. We live in the state of Florida. My question is: we are planning to serve him an eviction notice, how much time must we give him to move out? I have heard different answers ranging between 30 up to 90 days? And once that time period is exhausted what is my next step?


Asked on 8/19/09, 2:22 am

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Eviction is not 30-90 days.

Section 83.56(3), F.S.

The landlord must serve a tenant a written notice allowing three days (excluding weekends and legal holidays) for the tenant to pay the rent or move from the premises. If the tenant does not pay the rent or move, the landlord may begin legal action to evict the tenant.

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, the court will notify the tenant in writing. The tenant then has five days (excluding weekends and legal holidays) to respond � also in writing � to the court. If the tenant does not respond or a judgment is entered against the tenant, the clerk of the county court will issue a �Writ of Possession� to the sheriff who will notify the tenant that eviction will take place in 24 hours.

You should look at the helpful handbook located at http://www.800helpfla.com/landlord_text.html.

You can also look at all the FL statutes Ch. 83 related to residential tenancies located at FL's "online sunshine" website at http://www.leg.state.fl.us/Statutes.

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Answered on 8/20/09, 2:39 pm


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