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I have a sublet/roommate on a week to week lease. Stopped paying rent. Do I have to go thru FL evction or can sherriff remove

Wilton Manors, FL |

I was told by a local landlord that since he is week to week I can call and pay the fee to have the sherriff remove him for non payment. Three day notice and the evction process only apply to written month to month and annual leasing agreements.

Attorney Answers 3

Posted

Your landlord is mistaken. The 3-day notice approach applies to ALL residential tenancies, no matter what the term.

I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.

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Posted

For any landlord with a tenant in the State of Florida:

there are only three ways to regain possession legally:

1. the tenant voluntarily hands over the key and surrenders the premises

2. the tenant abandons the premises for more than half of the periodic payment length and the rent remains unpaid and the landlord has not been told by the tenant that the tenant will be out of town but is coming back

3. the sheriff removes pursuant to a Writ of Possession issued by the clerk of courts after a removal action has been filed and seen by a judge (who then signs a final judgment or order that directs the clerk to issue the writ of possession)

If you don't have one of these scenarios, then you must file for removal of the tenant.

Good luck!

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Posted

I agree with the postings above. People do not realize that an oral week-to-week agreement is just as binding as a written one years lease. Either way, you have to file an eviction based on a properly delivered three day notice. The fastest eviction I have ever seen in Broward County took 3 weeks, so give the proper 3 day notice as soon as possible, just include the basic rent amount due, don't ask for late fees or legal fees in the 3 day notice.

Answers to questions are for general purposes only and do not establish an attorney-client relationship

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