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My friend is a single mom with severe medical issues, she has not been able to work. She is a very responsible person and has

Jacksonville, FL |

never been in a position of not being able to meet her obligations. She just received an eviction notice and has no where else to go. What are her options? She is very scared and concerned for her children and their welfare. Her rent has not been paid for the month of March, now they want her to pay that and an attorney fee. Thank you.

Attorney Answers 2

Posted

Tell your friend to go see her local legal aid for assistance. Assuming she too is in Jacksonville the URL is http://www.jaxlegalaid.org/

If she has been unable to pay rent it is within the realm of possibilities that she will be evicted. If an attorney is involved there is a good chance that the 3-day notice is proper and the eviction will go through. However, if the 3-day notice is defective or she has any other defense she may be able to hold off the eviction for a bit.

I recommend that while she seeks assistance at legal aid she prepare to move (the hope for the best, prepare for the worst idea.) That way if a writ of possession is obtained by the landlord she is ready.

Chapter 83 of the Florida Statutes state that if a person loses in an eviction suit, that person will pay the attorney fees of the other party. This is another reason to go to legal aid, she needs an attorney to properly go over the paperwork with her. Also, she has 5 days from the delivery of the summons to answer or she will automatically lose. So help her get moving on this very quickly.

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.

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Posted

She should go to Legal Aid as Mr. Davis has said. Based on the facts you've given, there is a chance the 3-day notice is defective (I assume it is a 3 day notice because that is the proper paperwork for failure to pay rent). It is improper to use a 3 day notice to ask for anything but the amount of rent past due under the terms of the lease. If they demanded attorneys fees using the 3 day notice, their case may be thrown out. Only a court may award attorneys fees.

My response to this question does not mean I agree to represent you in any proceedings. This information is also not subject to attorney-client privilege.

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