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Eviction

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Lolo52

New member
What is the name of your state? What is the name of your state? FLA...I am behind on my rent. My landlord called me on Fri saying I need to move out and she will be here on Monday to get the keys. She can't do this legally can she? I thought she had to have an eviction notice.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? What is the name of your state? FLA...I am behind on my rent. My landlord called me on Fri saying I need to move out and she will be here on Monday to get the keys. She can't do this legally can she? I thought she had to have an eviction notice.
No, the LL can't do that legally. What happened today? It's already nearly 11am on Monday...
 

Zigner

Senior Member, Non-Attorney
Well, if I have to call the sheiff, then I will.
You may need to do that.

Please keep in mind that you are only delaying the inevitable. You will need to find new living arrangements, and you should be doing that ASAP. Once you have an eviction on your record, decent housing is going to be very hard to find.
 

PayrollHRGuy

Senior Member
If someone tries to kick you out without going through proper evection proceedings that would likely be a good idea. As would no answering the door.
 

Gail in Georgia

Senior Member
On the other hand, simply handing over the keys and moving out avoids the legal process of an eviction which (since you yourself admit not paying rent) would result in such an eviction remaining on your credit history for an extensive period of time. This is likely going to make it more difficult for you to find suitable housing in the future.

In other words, while a landlord simply cannot kick someone out, it appears you are only putting off the inevitable. While the legal process of going through an eviction may buy you some time to still reside in the rental, the end will be the same...except now the judgment will be on your record for a number of years.

Gail
 

FarmerJ

Senior Member
I get it that when you work overnights lots of stuff like packing and moving isn't easy ( my normal overnights are 11p-9a ) and with two hours commute I know its not easy to get stuff done , but heres the deal , your LL doesn't have to tolerate tenants who are not on time with rent especially when it happens enough that LL cant keep re arranging how they pay bills. Its going to be a lot worse if the LL follows your states laws to begin to evict you for on payment because then there will be a record of the filing and court case that LLs can and some will use as reason to refuse to rent to you because they will figure if it happened to one LL you might do it again and they wont want to chance it . SO that will leave you with looking at rentals in very crappy places only because the LL will take a chance on you even if his /her place is a craphole because you need a place. So either pay up and stop being late or try to get moved out before the LL files with the courts. ( good night, im pooped and its time)
 

alexander468

Active Member
Have you received a Notice to Quit? If no, then the eviction process can't begin yet. If yes, then how many days did the Notice to Quit give you to leave? If those days have passed then you're in danger of eviction. A Notice to Quit must be in writing. A phone call won't do it.

If you simply give your keys and go with no documentation to/from either party that your tenancy has ended then you could be sued later for the entire month or you might lose all of your security deposit. That's why nobody else here is writing about it. Most of the people who post here are homeowners and landlords. They want the tenants who post here to live in fear, uncertainty, and doubt because that benefits people similar to them.
 

Zigner

Senior Member, Non-Attorney
Have you received a Notice to Quit? If no, then the eviction process can't begin yet. If yes, then how many days did the Notice to Quit give you to leave? If those days have passed then you're in danger of eviction. A Notice to Quit must be in writing. A phone call won't do it.

If you simply give your keys and go with no documentation to/from either party that your tenancy has ended then you could be sued later for the entire month or you might lose all of your security deposit. That's why nobody else here is writing about it. Most of the people who post here are homeowners and landlords. They want to tenants who post here to live in fear, uncertainty, and doubt because that benefits people similar to them.
I take exception to your final statement. The OP has received good advice (including that in your post). To claim that we are anti-tenant is preposterous.
 

Zigner

Senior Member, Non-Attorney
To add on to what alexander468 said - if you do agree to leave early, make sure to get a release from your landlord so that you don't continue to accrue charges.
 

alexander468

Active Member
I reported your post due to the commercial link.

I take exception to your final statement. The OP has received good advice (including that in your post). To claim that we are anti-tenant is preposterous.

A non-commercial link is at https://www.floridalawhelp.org/node/185/evictions-what-every-tenant-should-know . Please don't flag it.

Good advice would contain links to resources that depict legal realities in the state the person posting is from. This forum rarely contains good advice.
 

Zigner

Senior Member, Non-Attorney

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