Legal Question in Real Estate Law in Florida

If eviction is imminent, how long before the landlord throws your stuff out

My son is in a situation where he has not paid February's rent on his apartment because of items not repaired, that were promised to be repaired when he moved in. The most pressing item was a mold spore issue involving the air cond unit and carpets, which ended up giving his 2week old baby a bacterial infection in her eyes. Out of his concern for his baby, and lack of money for a hotel room, he came to stay at my house with the baby, which is about 400 miles from his apartment. He will have funds next week to go back to his apt, gather his things and move out. My question is, since March 1 is this weekend, and he has not paid February rent, and has not been at the apt. for 10 days, can the landlord go in his apt and throw his things out in the street, or is there an eviction notice posting law the landlord has to follow before throwing things out? Thank you.


Asked on 2/27/02, 10:36 am

1 Answer from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: If eviction is imminent, how long before the landlord throws your stuff out

Self-help is not allowed under Florida law. The landlord would have to first post a notice of pay rent or deliver possession. Of course, if there's no one at the apartment, your son will know know whether or not any notice was posted. Then, the landlord will have to serve your son with the eviction lawsuit/complaint. Assuming the landlord can get a judgment for possession, then and only then can the landlord obtain a writ of possession and enter the property to get rid of whatever personal property may be in the apartment and re-take possession of the premises.

Your son should try to get out of the lease and find a new place. If the landlord agrees, get a release in writing that effectively cancels the lease and cuts off any liability to the landlord. If not, your son may want to consider filing an action in county court and depositing the rent into the registry of the court. If he decides to file suit, he should retain a lawyer. There are organizations in most counties that provide free legal assistance to those who cannot afford to pay for a lawyer. Seek the advice of counsel and good luck.

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Answered on 2/27/02, 11:01 am


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