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3 day eviction notice

#1
What is the name of your state (only U.S. law)? Florida.

I just received a 3 day "Removal Of Tenant" notice on my apartment door. Landlord is asking for back rent(substantial) in full or full possession of premises. I called landlord and asked for a couple of more days and I received no response. Is there anything I can do to slow down the process? And can they legally take my possessions?

We have nowhere to go and no funds to move.

Many thanks in advance,

Mike
 


adjusterjack

It's a Dry Heat
#2
I called landlord and asked for a couple of more days and I received no response.
And you won't. At least not unless your next call says "I have money."

Is there anything I can do to slow down the process?
Assuming that the landlord got the 3 day notice correct per 83-56(3):

http://www.leg.state.fl.us/Statutes...ing=&URL=0000-0099/0083/Sections/0083.56.html

Then, no, there isn't likely any way you can slow down the process.

When the 3 days are up, the landlord can file for eviction in accordance with 83-59:

http://www.leg.state.fl.us/Statutes...ing=&URL=0000-0099/0083/Sections/0083.59.html

How much time that process takes depends on the court's schedule though you should note that the courts give evictions some priority.

I imagine at the very least the whole process could take two weeks. If the court is backlogged, it could take two weeks to two months or any amount in between. Inevitably, however, the landlord will get his writ of possession and will be able to have you and your possessions put out on the street by the local sheriff.

And can they legally take my possessions?
Not unless you leave them behind. If you leave them behind there is a legal process for the landlord to dispose of the possessions.

We have nowhere to go and no funds to move.
Unfortunate but perhaps you should be seeking help from friends, relatives, religious affiliations, charities, etc, before the axe falls.
 
#3
Thank you adjusterjack. From what I understand, if I miss the deadline of Friday afternoon, there is nothing they can do until Monday?
 

adjusterjack

It's a Dry Heat
#4
Thank you adjusterjack. From what I understand, if I miss the deadline of Friday afternoon, there is nothing they can do until Monday?
Right. The courts are closed on weekends so it will be at least until Monday for him to file the papers and then he has to arrange for process service. That could take a couple of days.

You might think that eluding a process server would delay things. It won't. Florida allows for attaching the summons and complaint to a conspicuous part of the premises after two attempts at personal service within 6 hours:

48.183 Service of process in action for possession of premises.
1.In an action for possession of residential premises or nonresidential premises, if the tenant cannot be found in the county or there is no person 15 years of age or older residing at the tenant's usual place of abode in the county after at least two attempts to obtain service as provided above in this subsection, summons may be served by attaching a copy to a conspicuous place on the property described in the complaint or summons. The minimum time delay between the two attempts to obtain service shall be 6 hours. Nothing herein shall be construed as prohibiting service of process on a tenant as is otherwise provided on defendants in civil cases.

2.If a landlord causes or anticipates causing a defendant to be served with a summons and complaint solely by attaching them to some conspicuous place on the property described in the complaint or summons, the landlord shall provide the clerk of the court with an additional copy of the complaint and a pre-stamped envelope addressed to the defendant at the premises involved in the proceeding. The clerk of the court shall immediately mail the copy of the summons and complaint by first-class mail, note the fact of mailing in the docket, and file a certificate in the court file of the fact and date of mailing. Service shall be effective on the date of posting or mailing, whichever occurs later, and at least 5 days must elapse from the date of service before a judgment for final removal of the defendant may be entered.
A tenant can destroy the posted papers and the mail and deny ever seeing them in an attempt to circumvent process service but it wouldn't matter since the statute says the tenant has been served once the clerk mails the papers whether or not the tenant ever sees them.
 

HRZ

Senior Member
#5
IF you have counter points or defenses ( other than inability to pay ). You can file a prompt response to the claims made by LL and force the matter to trial and a bit of delay ....but as posted that does not seem to be in your cards ....so either pay up or pack up .....
 

STEPHAN

Senior Member
#6
Keep in mind that having an eviction in the court records will make it very hard to get accepted as a tenant in future.

I would try to avoid that.