FL residential landlord tenant act laws, notice, tenant's right to vacate

Asked over 6 years ago - New Port Richey, FL

Do I have tenant's rights in a house I rent , with no writen agreament I have been told they are now selling and I have not payed the rent this month to save to move.The landloard told me I have three day notice,and vill have to move.Is there any evicition prosess they have to do to make me move in 7 day's.I have a 6month & 8 year old .I didnt plan on this and have to save to move .What are my right's?

Attorney answers (1)

  1. Dennis Andrew Chen


    Contributor Level 17


    Lawyer agrees


    Answered . The landlord gave you a three day notice. You do not have to move until they get a court order and a writ of possession has been served. After the three day notice, the landlord will have to file an eviction lawsuit in the county where the property is located and have you served with a Summons and Complaint. They do not have to serve you personally. They can post the summons on the door. After you receive the summons, you have five business days to answer the Complaint. You should have an attorney review the three day notice and complaint to see if there are any problems with the lawsuit that would allow the action to be dismissed. If you do nothing, then after the five business days have run, the landlord can seek a default and an Order of Possession against you. Then a Writ of Possession will be served by the sheriff and you will have 24 hours to move out after the Writ is delivered or posted on the door.

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