Legal Question in Landlord & Tenant Law in Florida

Eviction from Rental Property

I recently have been evicted from my rental property for non-payment of rent. The landlord served me with the paperwork and I immediately started moving out, and just returned the keys. After searching my local clerk of courts website I found the following info:

11/30/07 Motion for Default and Default Issued (Joint)

12/4/07 Final Judgment for Possession

Not sure what these mean, and they mention was mothers name in the judgement, who was on the lease however never signed the lease or any other paperwork for that matter.

Can you give me an explanation as to what I now have to do?? And can they file against my mother who never signed a lease agreement??


Asked on 12/05/07, 11:16 am

1 Answer from Attorneys

Brandon Kolb Kolb, Cintron, & Associates

Re: Eviction from Rental Property

The intent of the following response is for informational, educational, and discussion purposes only. Reliable legal advice can only be given after a full consultation and discussion of all relevant facts and circumstances.

The docket entry you saw refers to the order that the Landlord got allowing him to evict you from the property. Your mother�s name is on the case because, even though she didn�t sign the lease, the lease gave her the right to possess the property. The landlord had to name her in the suit because of the rights given to her in the lease. The fact that it is a default judgment tells me that neither you nor your mother fought the eviction. This order just says that you no longer have any right to possess the property. You should take a look at the original Eviction Complaint to see if he also sued you for money damages for back rent. If he did, he may be going back to court for a second order getting a money judgment against you. Since you signed the lease, he�ll be able to get the judgment against you (if he sued for it in the original complaint); but he shouldn�t be able to get a money judgment against your mother since she didn�t sign the lease. If he is going for a money judgment, you should pay attention so that he doesn�t inflate the amount that you owe him. If he sets a hearing, and you do not attend, the judge will only have his word as to how much you own him, and will have no choice but to accept it as the undisputed truth.

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Answered on 12/05/07, 12:06 pm


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