Legal Question in Landlord & Tenant Law in Florida

Tennant Landlord

We paid 1,100 of the 1450 rent we owe and the other 350 to be paid as soon as we could. Well He showed up today w/ a three day notice and told us that he was going to get a sheriff and get us out. Dont you have to go to court? Also they have charged us late fees and we never did pay the full security so he took the 1100 we paid for rent and he is now claiming that that monies was for all other charges. What do we do ? Our lease is up at the end of March and we want to go but we are not ready in the next three days. Am I going to be on the streets w/ my kids? HELP!!! PLEASE


Asked on 2/24/09, 6:12 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Tennant Landlord

You are correct, your landlord must take you to court before you can be kicked out of the house by the sheriff's office. Once the eviction is filed against you, you will have five days to come up with the rest of the rent you owe the landlord. You'll have to come up with the entire amount of the rent claimed owed by the landlord, and you can argue to the judge at the eviction hearing whether the money you've already paid counts as rent or late fees and security deposit.

However, as I said, you'll still have to come up with all the rent money that the landlord claims you owe, not the money that you claim you owe. You'll have to place this money in a deposit account with the clerk of court.

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Answered on 2/25/09, 9:09 am


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