Legal Question in Real Estate Law in Florida
Eviction Process
I am 20 days late on paying my rent. Two days ago, my landlord told me I had until today to pay the rent or I would have to move. How many days do I legally have before they can remove my property or change the locks?
3 Answers from Attorneys
Re: Eviction Process
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One more thing to add. After the 3 day notice is served and an eviction proceeding filed; Before the court will even be allowed to hear your side of the case you need to deposit the amount alleged to be due into the registry of the court. If this is not done then the court cannot hear your side of the case.
Sincerely,
Randall L. Gilbert
(305) 769-3000
(954) 693-0207
Re: Eviction Process
Your property cannot be removed and the locks on your door cannot be changed lawfully by the landlord until the landlord first properly serves you with a legally sufficient 3-day notice to pay rent or deliver possession, and then, assuming you do not comply with the notice, the landlord must file an eviction action against you and obtain a final judgment for possession, which judgment would be followed by a writ of possession that would enable the landlord to empty out the contents of your apartment and change your locks. The process may take several weeks, and if you defend yourself in court, even longer. You should retain an attorney if it's worth it to you to stay a tenant in your current apartment. Of course, eventually, you will need to pay rent and possibly the expenses relating to the landlord's eviction lawsuit. Good luck.
Re: Eviction Process
He cannot do anything until he serves you with a 3 day notice to vacate and then serves a proceeding to evict. You can defend and then have a hearing in court. Until the judge issues an eviction order you can stay. If you need represenation contact me. Good luck.