Legal Question in Real Estate Law in Florida

Re: 3 day eviction notice

If you don't either pay or leave by the date specified in the eviction notice the landlord will probably file an eviction lawsuit in court. You will be served with the lawsuit (it may be posted on your door if you aren't home) and will have 5 days after you are served to file an answer. If you do not file an answer, and pay into court the rent you owe (or file a motion to determine how much rent you owe, if your calculations differ from your landlord's), then an eviction order will be issued. The actual eviction is done by the sherrif's office.

Re: Rentee's Rights

The Three Day Notice is required pursuant to Florida Statutes Chapter 83. The landlord was in compliance with applicable law by giving this notice to you. If you fail to comply, the next step is for the landlord to file a Complaint for Eviction as outlined by the previous attorney. If you cannot comply, you may wish to seek alternative living arrangements now, prior to the filing of an eviction. You may even be able to negotiate with the landlord to allow you a short period to find a new apartment with the understanding that you will vacate on or before a certain date and forfeit any claim to your deposit (if any) in return. This will allow you additional time in the premises while saving the landlord the filing fees and other court costs.

This is a serious legal matter and you should consult a real estate attorney about the specifics of your situation. Low fee panels are often available from the local bar association.

Scott R. Jay, Esq. (305) 249-8000