Florida eviction help!

[floldlady]

What is the name of your state? Florida

I was unable to pay my rent on time. This has happened a few times, and my landlord warned me that he would file for eviction next time. He also offered to end the lease. I told him I would pay before the eviction hearing.

I got a 3-day notice and I was served by the court with the eviction papers and had five days to respond and pay the rent to the court. I explained to the judge in a letter how it happened and that I had a roommate ready so I would not be late again. This was in time. However, I got into an accident and did not make it to the court that day; I was one day late. So I filed my response (online) on time, but my payment was a day late. Before I paid on that day, my landlord had already filed:
MOTION FOR COURT DEFAULT
Plaintiff moves for entry of a default by the Court because the Defendant xxx (me) failed to place the rent money into the Registry of the Court as required by law.

Will they evict me now?

Also, when they served me the papers, it said:
Give the Clerk of Coult the rent that is due. You MUST pay the Clerk the rent each time it becomes due until the lawsuit is over. Whether you win or lose the lawsuit, the Judge may pay this rent to the Landlord.

My next rent is due on 1/1/24. I don't have it, I just paid for the last one. If I do not pay, will I be evicted?

I was told that a hearing takes a few months to be scheduled.

What if I move out before the hearing and give the landlord the key and tell the court that I am out?
Will this still count as evicted?

 

[adjusterjack]

The answers to all your questions is yes, all those bad thngs can happen.

Motions often get granted if there is no response. I suggest you file a response to the motion (today) asking the court to deny the motion for default on the grounds that you paid the December rent on (date) and attach documentation of payment. Hand carry it to the court and deliver a copy to the landlord and TALK about paying Jan 1 rent on time. See how that goes.

Even if you move out before the hearing the landlord may still seek a default judgment and writ of possession which would count as an eviction.

 

[floldlady]

My payment was to the court, and the online website shows it.

I talked to the landlord. He gave me a letter. It says that rent is due on 1/1/24, that this is a holiday, and that I should pay the court on 12/29/23, so the money is definitely there on time. He said that if the motion is not granted, but I fail to pay January on time, he will file a new motion right away.

So if I move out now and let the court know, can they still legally evict me, or is the case finished? I want to avoid having an eviction on my record forever!

 

[quincy]

What is the name of your state? Florida

I was unable to pay my rent on time. This has happened a few times, and my landlord warned me that he would file for eviction next time. He also offered to end the lease. I told him I would pay before the eviction hearing.

I got a 3-day notice and I was served by the court with the eviction papers and had five days to respond and pay the rent to the court. I explained to the judge in a letter how it happened and that I had a roommate ready so I would not be late again. This was in time. However, I got into an accident and did not make it to the court that day; I was one day late. So I filed my response (online) on time, but my payment was a day late. Before I paid on that day, my landlord had already filed:
MOTION FOR COURT DEFAULT
Plaintiff moves for entry of a default by the Court because the Defendant xxx (me) failed to place the rent money into the Registry of the Court as required by law.

Will they evict me now?

Also, when they served me the papers, it said:
Give the Clerk of Coult the rent that is due. You MUST pay the Clerk the rent each time it becomes due until the lawsuit is over. Whether you win or lose the lawsuit, the Judge may pay this rent to the Landlord.

My next rent is due on 1/1/24. I don't have it, I just paid for the last one. If I do not pay, will I be evicted?

I was told that a hearing takes a few months to be scheduled.

What if I move out before the hearing and give the landlord the key and tell the court that I am out?
Will this still count as evicted?

You probably should have taken up the landlord’s offer to end your lease if you wanted to avoid an eviction. It sounds very much like you will need to find a new place to live, preferably one you can better afford.

Being a day late on paying rent to the landlord is different than being one day late paying the court. Accident or not, you should have somehow ensured that that particular payment was on time.

You appear to have a nice landlord who has worked with you in the past. Ask your landlord if he will drop the court action if you leave immediately (before tomorrow’s rent is due). He might want you out of the apartment and your keys returned first, though. I hope you have alternative housing already.

 

[Zigner]

You need to give proper notice. With that said, it sounds like the LL really wants you gone and may agree to waive that notice.

 

[adjusterjack]

o if I move out now and let the court know, can they still legally evict me, or is the case finished?

If you move out without a written agreement with the LL, the LL can seek a writ of possession which goes on your record.

If you are going to move out before the weekend get a written agreement with the LL that he is dismissing the eviction upon your surrender of the unit.

Better yet, there may be a form available from the court for voluntary dismissal. Have the LL sign two copies so you keep one and make sure that it gets filed with the court. Then follow up with the court to make sure it got dismissed.

 

[quincy]

The Motion for Default is, as a note, a public record, as are all of the court filings regarding the eviction.

 

[floldlady]

The Motion for Default is, as a note, a public record, as are all of the court filings regarding the eviction.

Yes. I see it. But legally, at this point, it is not an eviction. I mean, I am not legally evicted.

 

[floldlady]

You need to give proper notice. With that said, it sounds like the LL really wants you gone and may agree to waive that notice.

So without the 30-day notice (per my contract), would just moving out not end my lease despite the eviction?

I understand about negotiating with the LL.

 

[quincy]

Yes. I see it. But legally, at this point, it is not an eviction. I mean, I am not legally evicted.

While that may be true, other landlords can view the court records as they stand now. You are already at risk of not finding another rental property.

Following is a link to finding legal assistance in Arizona - although you are probably not going to find any assistance that will help you at this late stage: https://www.azlawhelp.org/index.cfm

 

[floldlady]

Following is a link to finding legal assistance in Arizona - although you are probably not going to find any assistance that will help you at this late stage: https://www.azlawhelp.org/index.cfm

Thanks quincy. But I do not understand how that link can help me.

 

[adjusterjack]

Following is a link to finding legal assistance in Arizona - although you are probably not going to find any assistance that will help you at this late stage: https://www.azlawhelp.org/index.cfm

This OP is in Florida.

 

[Zigner]

So without the 30-day notice (per my contract), would just moving out not end my lease despite the eviction?

I understand about negotiating with the LL.

It might end the lease, but not favorably for you.

 

[quincy]

Thanks quincy. But I do not understand how that link can help me.

I actually don’t see how it can either - but it is no less helpful than an internet forum is at this point. You need to speak directly with your landlord.

This OP is in Florida.

Oops. Well ... my answer above still applies.

 

[floldlady]

It might end the lease, but not favorably for you.

In the 3-day notice the landlord requested payment or that I move out. How can the lease not end if he requested that?