Legal Question in Landlord & Tenant Law in Florida

Effective 1/1/09, we moved from Kansas City, MO and entered into a 12 month rental agreement for $1200/month. On 8/27/09, we received a Notice of Lis Pendens. We were unable to pay the full rent on 09/01/09, but the real estate agent told us to go ahead and send what we could until she heard from the landlord regarding the foreclosure notice and trying to reduce the monthly payments. The landlord notified her on 9/25/09 saying that she would reduce it to $1000/month and that we had until 9/30/09 to pay the additional $400 or we were to move out by 9/30/09. What are our options? Can the landlord expect us to move with 5 days verbal notice? We are very confused and need help with this situation.


Asked on 9/29/09, 10:36 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

See the helpful handbook on FL Landlord Tenant law located at http://www.800helpfla.com/landlord_text.html

Section 83.56(3), F.S.

The landlord must serve you, the tenant, a written notice allowing three days (excluding weekends and legal holidays) for you to pay the rent or move from the premises. If you do not pay the rent or move, he/she may begin legal action to evict you.

In order for the landlord to gain payment of rent or possession of the dwelling, he/she must file suit in county court. If the court agrees with the landlord, you will be notified in writing. You then have five days (excluding weekends and legal holidays) to respond � also in writing � to the court. If you do not respond or a judgment is entered against you, the clerk of the county court will issue a �Writ of Possession� to the sheriff who will notify you that eviction will take place in 24 hours.

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Answered on 9/30/09, 11:35 am


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