judge dismissed case WHY???

[canesfan81]

What is the name of your state? FL

my girlfriend and i are in the process of trying to evict her mom from living with us. she has never had a lease nor ever paid rent. she has become unbearable to live with. we started the process in september when we gave her a "notice of termination" (7 day notice). after the seven days we went to the courthouse and filled out the "residential eviction summons" and the "complaint for eviction for failure to comply with lease (other than failure to pay rent)". the sheriff came to deliver the eviction notice on october 10. we just went to the courthouse yesterday (10/24/06) and found out our case was dismissed. the judge's findings were "the court finds the Three (3) day notice is defective as it fails to provide date certain when tenant is to move out, as required by statute". we never gave her a three day notice so i have no idea what he is refering to. i have heard of a 3 day notice but was told that had to do with eviction due to rent not being paid. we have to start the process over so do we need to give a three day notice if we are also giving a 7 day notice of termination?

 

[danno6925]

"the court finds the Three (3) day notice is defective as it fails to provide date certain when tenant is to move out, as required by statute".

That sounds pretty cut and dried to me. Give the three day notice properly next time.

we never gave her a three day notice so

Hence the dismissal

i have no idea what he is refering to.

The you'd better read up on it if you want her mom gone.

i have heard of a 3 day notice but was told that had to do with eviction due to rent not being paid.

I guess the judge's dismissal says otherwise.

we have to start the process over

If you really want her evicted. I'll go out on a limb and assume she doesn't want to leave on her own?

so do we need to give a three day notice if we are also giving a 7 day notice of termination?

In most states, there needs to be an entire rental period between the time you serve her with notice and the time she needs to vacate the premises. The judge may have dismissed you case for not giving mommy dearest enough time to vacate the premises.

 

[canesfan81]

wow thanks for the great help i would be lost without you.