Can you give me advice on my rights in an eviction?
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Can you give me advice on my rights in an eviction?
My landlord stated to me today that she is starting the eviction process. We paid for about half of last month’s rent in which she had OK’d. The other half was supposed to be paid on the 22nd. We did not have all of the monies. My husband lost his job and then started his new job. He does not get paid until the 5th of this month (which will only be 1 week’s worth). I contacted the landlord in regards to this and received no response. I contacted her again and today she advised me that shes starting the eviction process and we have to pay for attorney fees. What do I do? I have to 2 children.
Asked on November 2, 2011 under Real Estate Law, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In an eviction process there are two ways for the landlord to begin the process. The first is by way of a notice to terminate the tenancy served upon the tenant. This is usually a thirty (30) day notice of termination. When this happens, the tenant has thirty (30) days to vacate from the date the notice was served.
The other process is when the tenant is served with a three (3) day notice to pay or quit. In this situation the landlord is giving the tenant a chance to cure the breach of the agreement for the end of the lease so that he or she can remain. Curing must happen within the three (3) day period after service of the notice. If the problem is not rectified then, the landlord then brings an action for an unlawful detainer to end the lease and evict the tenant.
I suggest that you keep in contact with the landlord and try to resolve the unpaid rent situation informally. Good luck.
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