Legal Question in Real Estate Law in Florida

we have been renting a condo weekly and our contract is up, husband is recently unemployed and we are homeless with no where to go no place for our daughter we will have to live out of the car if we leave. How long do we have to stay until the police arrive


Asked on 1/02/12, 7:57 am

1 Answer from Attorneys

I assume this is a normal condo, and not a hotel/motel type place. If so,

They cannot forcibly remove you without a court order. To get the order, they first need to give you a letter demanding you to leave in 3 days. If you don't then they need to file a tenant eviction with the court. Once they get the order, which requires a hearing if you file an answer (which you should do), they have to post a 24 hour notice called a Writ of Possession on your door to vacate, and if you don't, then the police/sheriff can remove you.

Tenant evictions, depending upon where you live take 3 to 8 weeks (usually longer then shorter) normally.

If you stay beyond the first notice to leave, the landlord can charge you double rent and get a judgment against you for any unpaid rent. But you may find that you could stay in the place up to 2 months (maybe longer), though the legal issues/judgment may haunt you.

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Answered on 1/02/12, 8:11 am


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