Legal Question in Real Estate Law in Florida

3 Days to Vacate

Landlord left me a notice to vacate in 3 days or pay the rent. My question is Im moving out on the 3rd day, is there any way I could be locked out of my apartment on the 3 day?

ThankYou


Asked on 9/12/07, 8:09 pm

2 Answers from Attorneys

Johm Smith tom's

Re: 3 Days to Vacate

Either pay the rent or get out.

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Answered on 9/12/07, 8:34 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: 3 Days to Vacate

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No. Florida law requires the landlord to provide a Three Day Notice prior to filing a suit for eviction. After the three days has expired, the landlord would first have to file the lawsuit which gives you five more days (not including Saturday, Sunday or legal holidays) to respond. If you do not respond, the landlord can then go to the court and ask for a default final judgment and a writ of possession which the sheriff in your county would have to serve. This whole process would take at least another two to four weeks before the landlord could take any physical action under the law.

Scott R. Jay, Esq.

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Answered on 9/13/07, 10:40 am


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