Legal Question in Landlord & Tenant Law in Florida
My landlord is trying to kick me out as i have not paid rent. He came to my house with a sheriff and gave me a paper saying i had 5 days to respond or they would file an eviction, yet they told me i only had seven days to move out. I have been told by sheriffs before that you have 30 days to move out once the eviction is posted, but my landlord is saying i dont, he said if i am not out in 7 days the sheriffs will come throw me and my stuff out of the house. What is the truth?
2 Answers from Attorneys
Until they seek eviction in court and obtain a Writ of Possession , no Sheriff will evict.
It sounds like the eviciton was started with a 5 day summons to pay or get out. Your failure to get out means a final judgment will be entered and the sheriff will post a writ of possession notice. Your failure to leave will mean that you can be removed forcibly by the sheriff. You likely wont be given 30 days notice by the sheriff, but you could get a week or so. I would act quickly and not rely on the 30 days.
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