Legal Question in Real Estate Law in Florida

Re: eviction

In order to properly and lawfully evict you, the landlord must first have a legal reason to begin the eviction process. That process starts with a Three Day Notice to Pay Rent or Deliver Possession, which is either posted to your door or personally delivered to you or another adult residing in the apartment in question. The Three Day Notice should specifically state the amount of unpaid rent allegedly owed by the tenant and explain the deadline for payment (which 3 days does not include the date of service of the notice, Saturdays, Sundays and legal holidays). If the tenant fails to pay within the required time period, then the landlord must file an eviction action demanding possession of the premises and incorporating the 3-day notice into the complaint/lawsuit in the appropriate county court. Only after the landlord has obtained a final judgment for possession and a writ of possession can the landlord execute upon the writ of possession, typically with the assistance of the county sheriff's office, and enter the premises. If that occurs, it is not uncommon for the tenant's belongings to be placed in storage or left outside of the apartment (where rain and theives can get to them).

If the landlord failed to provide you with a required notice, then you can file an action for wrongful eviction against the landlord, and seek damages (money) recoverable under Chapter 83 of the Florida Statutes. Seek the advice of a real estate litigation attorney. Good luck.