Legal Question in Real Estate Law in Florida
eviction notice
I recently went out of town and failed to mail my rent before the late date. I have had other months where payment was made late, but the late fees were always included, and I have never completly missed any payments.
Upon return, there was a hand written threatening note to pay by a certain time and day or vacate within 24 hrs of stated time/date.
I have already given notice that I am moving at the end of the month - can my landlord give me only 24 hrs to move out?
Also - do I have to allow him to show the apartment before I actually move out? I am concerned about having strange people knowing what I own and where everything is kept.
1 Answer from Attorneys
Re: eviction notice
The only way the landlord can force you out within 24 hours is if a final judgment for possession has been entered by a court having jurisdiction over the parties and the real property, and after the issuance of a writ of possession, which would direct the Sheriff to assist with the eviction. If you have not been sued, then no final judgment for possession could have been entered. Self help by the landlord is contrary to Florida law.
As concerns showing the apartment, I don't know what the lease provides, but generally a landlord cannot go into your apartment without reasonable notice and at reasonable times, unless an emergency arises that requires the landlord or its agent to go into your apartment to protect life or property. The landlord should only show your apartment to prospective tenants when you are present or once you have vacated the premises.
Seek the advice of counsel and good luck.
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