Being evicted

[help202]

What is the name of your state? Florida

I came home on 4-8-08 to find a 15 day eviction notice on my door. When I called to ask the landlord why she replied with we decided to do something different with the place. I unfortunately signed a lease I thought was a year lease but the way they have it worded it it was a month to month lease that is my fault I should have read it better. I pay the rent every month the yard is maintained the inside of my house is spotless the landlord lives right by me and never even sees me until the 1st of the month to pay the rent. I have 3 dogs it took me forever to find somewhere to rent I could afford and have my dogs. Finally they served me with an eviction notice on 5-7-08? I responded to it and asked for a court hearing. There is no reason listed as to why I am being evicted don't they have to have some legal reason to evict you?

 

[seniorjudge]

Q: There is no reason listed as to why I am being evicted don't they have to have some legal reason to evict you?

A: Yes, they must have a legal reason. The legal reason is that your lease will be ending at the end of the month.

 

[Andy0192]

Generally - a month to month lease would require 30 days notice in order to terminate.

Also, your landlord can terminate the lease at the end of any term - which in a month to month is the end of any month. They don't need to "prove" you did anything wrong.

 

[CA LL]

Please folks..no guessing here.

FIFTEEN days before the end of the rental period is all that is needed in the state of Florida and if the tenant stays beyond that time, they can and will be evicted by the courts.

NO REASON IS NECESSARY for either party to terminate a MTM agreement with notice as prescribed by FL law.

 

[CA LL]

To the poster, your failure to move by the end of the notice and take this to eviction level will:

1) Put a public court action record searchable by anyone under your name preventing you from renting or maybe even buying a property for many years to come.

2) If in addition to the possession judgment a money judgment is filed against you, not only more of the above, but the LL can do everything possible to collect on that judgment including (based on YOUR state law it may vary slightly), garnishing wages, levying bank accounts, reporting judgment to credit agencies and county records, attach a lien on current or future assets, etc.

Just like YOU can give notice 15 days before end of rental period and move NO REASON NEEDED, the LL can do the same to regain legal possession of his property using MTM rental agreement.

 

[reenzz]

Also Florida law states that if the tenant fails to leave after the notice period...landlord is entitled to sue for double the amount of rent for each month tenant stays during holdover period.

 

[help202]

Thank you for all the help and advice. I guess most landlords would be happy to have a tenant who pays the rent, takes care of there property, doesn't cause any problems. I guess that is why I thought you had to have some sort of reason.

 

[Alaska landlord]

It is unfortunate that they have elected to use the 15 day notice bit, you are right most landlords do want a good tenant. If things are still civil between both of you why not explain the situation about the difficulty of finding apartments for someone in your circumstances? Electing to go to court over this would not be advisable. It would give you time but in the end it will be an expensive and long term error in judgment. If pressed for time there are places you can temporarily keep your animals till you can find a new apartment/house

 

[help202]

I did explain this to them but they don't seem to understand nor care. I have found another place though but can't be in until the first of June. I told my old landlord that I had found a place but couldn't be in there until the 1st he said well I don't know when the cops are coming to kick you off the property so you may want to talk to whoever you will be renting from and see if you can't move sooner.I explained to my new landlord what was going on and he said I could move in a week early there are still a few minor things he is fixing. Do the cops automatically come or does he have to call them because I know for a fact you have to pay them for there services if they do come out here to kick me off the property? I requested a court hearing just to buy me some extra time but from the looks of it on the clerk of courts web page a final judgement was entered 5-19-08. I am confused because I was told I would get a court date.