Legal Question in Real Estate Law in Florida
my boss is also my landlord and has recently terminated my employment and is now serving me with a 3 day eviction. we are a family of 4 and have no where to go immediately. i dont want my family on the streets for the holidays. is there anyway to prolong the eviction process? i dont want to screw him over as he has done me i just need a little time to get my life and family situated in a new job and home. ive asked him repeatedly to fix things such as; the rotten exterior wall with exposed insulation, the rotten ceiling in master bedroom, the unfinished kitchen, leaking gas stove, rat and ant infestation. no smoke detectors, along with a wall to floor mate line that every time it rains water comes through. all of these things were promised to be fixed and never have been. every time confronted (monthly), i was told if i dont like it i can move out. and in fear of losing my job i never pursued any legal matter. these request were always verbal. i will leave i just want to know if there is a way to recieve more time in this matter, to ensure that i can find a place for my family to go without being put out on the streets? THANK FOR YOUR HELP!!!
2 Answers from Attorneys
There are a number of things I would have to know about your situation. What is the reason for his eviction - failure to pay rent or other? Do you have a written lease for any specific duration? Is his notice of eviction compliant with the requirements of FL Statute? Have you given him written notice of the things which need to be fixed?
The LL has breached some of his statutorily required obligations here, such as failure to maintain exterior walls, failure to maintain roof/ceiling, failure to provide pest extermination, failure to install smoke detectors. The remedy for this is to give the landlord written notice of his failure to comply with statutory requirements and of your intention to withhold rent if he does not fix the things you list. However, in this situation, if you are already delinquent with rent payment, and you have not provided written notice to landlord of his breach, I think you breached the lease (or by default, the terms of tenancy dictated by FL Statute) first by not paying rent.
If you fail to file an answer to the eviction notice with the court, the process will move more quickly (by your default). If you wish to contest the eviction, you must deposit any back rent with the court pending the outcome of the eviction proceeding.
There is some free information on FL Landlord-tenant law available at http://www.800helpfla.com/landlord_text.html
You may seek free legal assistance from a Legal Aid clinic in your area (if you qualify), but understand those attorneys do not take your case usually. They just help you handle it yourself. You can find a list of Legal Aid clinics at www.flabar.org.
You can also see the Clerk of Court website for your county to obtain forms and instructions. Additionally, at the courthouse they will have the forms and a free legal library you can use.
Your landlord cannot retaliate against you for wanting to live in acceptable conditions. Check out the information at http://www.800helpfla.com/landlord_text.html. Take pictures, go to court, and contact a local legal aid clinic for further help. Regards,
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