By the law according to the state of Florida, the landlord has the right to give a three day notice if you fail to pay your rent. If you have failed to pay within this three day period then the landlord has the right to file for a court hearing and sue you. The judge will normally sign and date this filing of the complaint and once you have received the document asking for payment then you will have five business days in which to pay up. You will also be required to pay an extra 1.5 per cent on top for a handling charge.
The next situation depends on whether or not you pay. If you do pay the late penalty charges then a court date will be set and you will have the chance to put your side of the story as to why you failed to pay on time.
If the sixth day passes and you have still not paid the rent that is due, the landlord will then proceed to file a writ of possession and a default demand. It will then start to get very serious as soon the County Sheriff may even turn up at your door stating you have no more than 24 hours to leave the premises or they can by state law remove you.
The Sherriff will also have the right to allow the landlord to change locks and remove your possessions. So it is essential if you are paying rent to make sure you pay it, and pay it on time. If you lose your job, or you cannot make payments for the month, then it is always a good idea to inform your landlord you cannot pay on time. If you inform your landlord in advance and if they are nice enough they may allow you a few weeks in order to obtain the money.
Thats a 3day to pay or leave. Notice normally has a date written when to leave. Go talk to your landlord see if something can be worked out. Never just ignore something in hopes it'll go away, should have talked to them ahead of time of what was happening to you. Makes people madder when you ignore them . At lease try. If say can't help you, then they have to go file a written notice with courts then have to wait til courts give them a date to show cause, then courts give date for you to get out, normally sheriff gives or tact's a notice on your house. Courts normally will give 30 notice for you to leave from date it goes to court. If your not out within that 72 hours, sheriff will come there & remove you & change locks & remove you personally, they don't have things out, just you & your family. They have to legally go though the courts to have you put out. Best bet-- go talk to them.
I would speak to a lawyer about this. I'm not sure about the laws in Florida but, 3 days notice to get out doesn't quite seem right.(?) Do you have children? Can you talk to the landlord and maybe cut some kind of deal with him? For instance, pay your regular rent and an extra X amount of dollars each month to catch up. I know, it's difficult to just get the rent paid, never mind adding on to it each month. I'm sorry, hon. I know...times are so tough right now. A lot of us are struggling terribly.
I hope you got what you say the agreement was in writing,because,most people are not people of their word and can change in a instance,but 30 days is the legal time for eviction in most states hope this helps you...
No matter what happens, you do have the right to a court date and usually, mediation with the landlord to determine if there is a solution you can both live with......Good luck my fried
In Florida, the landlord has the right to post a 3 day notice on your door the day you do not pay your rent. That notice gives you 3 days..not counting Saturdays, Sundays or Holidays) to either pay the rent and late fees (which will in effect continue the lease) or NOT pay. After that 3 day period has expired and you HAVE NOT paid, the landlord must go to the court and sue you. That is called filing a complaint. That complaint will state the reason for the suit is non-payment of rent in the amount of ______. The judge will sign that complaint within a few days...usually 2-3 business days and the complaint will be posted on your door...letting you know you are being sued. Once that is posted, you have five days (not counting the posting day..weekends or holidays) to go to the clerks office....POST in cash the amount disputed in the landlords complaint, plus a 1.5% handling fee to the court. If you do not go post this amount....YOU DO NOT GET A COURT DATE, AND YOU AUTOMATICALLY LOSE YOUR CASE. If you do post, a hearing date will be set for you to tell your side of the story as to WHY you did not pay. Loss of work, personal problems, too many bill, illness of you or a family member will not work. Everyone has to pay their rent. Excuses are just that....I recently had someone tell me..."well I have no where to go!". That is truly amazing....you have no where to go, so I am supposed to just let you stay in MY place rent free?!?! Some folks are really really stupid. Anyway, back to the procedure. When you fail to post the monies with the court, on the 6th day the landlord will return to the court and file what is called a writ of posession and a demand for default. Meaning...you did not do what you said you would do....either with the landlord...OR the court. From that day forward, the clock starts ticking on the County Sheriff showing up at your door with a "NOTICE OF 24 HOURS TO VACATE THE PROPERTY". That is just what it means, you have 24 hours to leave, or the sheriff will return with the landlord to remove you from the premises. Your things will be set on the curb if you do not move them off the property to another location. The Sheriff will then allow the landlord to change the locks on the dwelling and put him back in control. Attn Landords, it is always a good idea, (especially if you have a particularly difficult tenant) to ask the officer to give you a NO TRESPASS order on the residents. That way, if they EVER come back on the property they going to be arrested.
It is always too bad when someone cannot pay their rent, but remember....the landlord in most cases is a small business man, and is not making any where near the amount of money you think he is. No landlord has the responsibility of supporting any tenant. It is unfortunate whe people lose jobs and get ill, but landlords have bills to pay too. IF we do not pay them....we lose the place where YOU live....and we all go. Pay your rent. It is far easier than getting a judgment on your credit. If your can't pay....leave...peacefully if possible. It is far easier on YOU and your landlord. The landlord may lose money, but you lose credit and reputation. Evictions are public record.
I am using my 3500 security and breaking the lease. I share the house with a separate one room apt next to the house that does not have a dedicated meter for electric and water. I pay for both units. Is this enough to file against the landlord. I want out of the lease early and want to use my 3500.00 so I don't lose it.
Thank you. I was seved a 3 day pay or vacate and plan on calling the building enforcer for the town
How do I get my ex-girlfriend removed from my home,(own it with my brother). She will not leave! I live in Florida.