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How long do I have to move after being served an eviction. I am single with a minor child. I am only 15 days late on my rent

Fort Walton Beach, FL |

I live in a condo which a management property handles but is owned by an individual. We are only 15 days late and received a letter on our door stating we had 3 days to pay or vacate. What are my rights to at least have time to move or pay?

Attorney Answers 1


If the management company sent you a letter (not a form) they are practicing law without a license and you can report them to the Florida Bar. Florida allows property manages to post only Florida Supreme Court approved forms. This could be a defense to an eviction as the Court may consider the notice void. If the “letter” is actually a “proper form” you have three days to pay or vacate before your landlord can bring an eviction action. The landlord must file an eviction complaint, have it served by a sheriff and you will have 5 days, not including Saturdays, Sundays, and legal holidays. The best way to remember this is if you were served on a Tuesday the answer will be do on a Tuesday, Wednesday /Wednesday etc etc. If you have a defense you will probably have to post your rent into the Court’s registry or the Court will default you. From that point the landlord will get a writ of possession which must be posted by the sheriff. Once the Writ of Possession is posted you will have 24 hours to move or all your possession will be put on the street.
It is best not to get evicted as the eviction will likely show up on your credit report and will limit your ability to get housing in the future. You may be eligible to get help from your local Legal Aid office. Your local Legal Aid office may have a list of agencies that may be able to pay your rent for one month.

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