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I am a renter and just found out by people knocking on the door i have to leave in 24 hours i knew nothing what do i do?

Cocoa, FL |

i have no details i dont know what to do?

Attorney Answers 3


  1. Who were the people, the sheriff?

    It sounds like you were evicted. Were you given a 3 day notice? Served with an eviction complaint? It is possible that service was extremely defective but unusual. If everything was done appropriately you more than likely will have to move. If service was defective, you have a defense to have the eviction overturned.

    Feel free to email me through my profile. I can look up whether there is an eviction case against you.

    DISCLAIMER This answer is not legal advice nor does it create an attorney-client relationship between any user/reader and The Law Offices of Jimmy Allen Davis, P.L.. We encourage and welcome you to contact us about your legal problems and visit our website at www.lawofficesofjimmyallendavis.com or email me at jimmy.davis.esq@gmail.com.


  2. You need to provide more information. Who knocked on your door? What specifically were you told? Has anything been posted on your door? If so, what does it state? Is your rent current? Did you fail to respond to a suit for eviction? Florida law does not allow a landlord to evict anyone on their own. The landlord must file a law suit to evict you. If its not your landlord who has told you to leave, you may want to contact your local police if you feel you are being threatened, or harassed. If it is your landlord who is telling you to leave in 24 hrs, I recommend that you immediately contact a local attorney to protect your legal interests.

    The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. The information provided by this website is not intended, nor should it be construed, to be legal advice. Your use of this website, and/or the sending of information to the Fucillo Law Firm, P.L., does not establish an attorney/client relationship. Please do not send us any confidential or privileged information until such time that an actual attorney/client relationship is actually established.


  3. You need to meet with an attorney as soon as possible.
    My answer is going to assume that the new owners purchased at a foreclosure sale and
    that the person you have been paying rent to is actually the former owner.

    Do you have a written lease agreement and for how much longer is the term?
    Or are you renting month-to-month?

    If you are not able to get an attorney by Monday morning, at the very least you should:
    File a copy of your written lease agreement with the clerk of courts on Monday morning and write the case number in the upper right hand corner. If you don't have a written lease agreement, file a letter addressed to the judge telling him/her that you are a tenant in the property, when you pay rent, and any other specifics that are important. Keep it brief.

    I am assuming that the new owners have not obtained a Writ of Possession yet in the foreclosure case. You should check the Clerk of courts website and see if a Writ has been issued yet. If so, you need to get an attorney to put in a Motion to Stay the Writ asap.

    Many purchasers at foreclosure sales do not understand the 2009 Protecting Tenants at Foreclosure Act or pretend that they don't understand it.
    The purchaser after foreclosure has to honor a written lease or give you 90 days' notice, whichever is longer. If you are only a month-to-month tenant, then you get at least 90 days' notice. Of course, you should begin paying rent to the new owners when rent is due next.

    There are only three ways to obtain legal possession in Florida:
    1. the tenant voluntarily gives the keys to the owner and surrenders possession.
    2. the tenant abandons the property, after at least half of the rent period goes by with no word from the tenant to the landlord, the LL can take possession.
    3. the sheriff executes on the Writ of Possession after the judge in the case signs the final judgment ordering the clerk to issue the Writ of Possession. (the sheriff has to post the Writ first, then comes back after two business days to execute on the Writ, remove the occupants, and give possession to the owner).

    Do not let the new owners bully you.
    Get legal representation so your rights are preserved.

    Good luck.