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What is the difference between commerical residents and residential?

Fort Lauderdale, FL |

I was infomed that I was being evicted for non payment in rent , and I wrote the judge and try to explain my reason and she reply back that I have to pay by 12/27/2012. How is that when I dont make that kind of money ? So I rewrote the judge again and see if there was a better option and that I was leaving by 01/22/2013, to save money to move with me and my kids .how long does it take to evict for commerical resident after deadline ? Is it up too 30 days ? I rent a condo that is privately owned. thank you

Attorney Answers 2

Posted

A residential tenancy is subject to summary proceedings. If the eviction is for non payment of rent you receive a 5 day summons and you have to deposit all rent due in to the registry of the Court in order to be able to argue anything. If you dont pay you get evicted.

The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505

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Posted

If you don't pay rent or leave by the date ordered, you will be a holdover tenant and liable to the landlord for double rent. It doesn't matter if you eventually leave because the landlord can pursue the judgment by garnishing your wages and assets. You could also be held in contempt do court for violating a court order, punishable by up to 179 days in jail. You cannot live in someone else's condo without paying rent and the law does not allow concessions for financial hardship.

This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.

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4 comments

Asker

Posted

thanks for the comment !! but i dont agree

Barbara Billiot Stage

Barbara Billiot Stage

Posted

While you may not agree, that's the law. The judge will ask if you paid rent, yes or no? No, you get evicted. The only defenses allowed, by law, are if you withheld rent for a legitimate reason and gave the statutory notice before withholding the rent. I sympathize with your situation and the judge may also sympathize, but he doesn't have the authority to deny the eviction on that basis. I hope it all works out for you.

Asker

Posted

The reason why this all started was because I had a slip in fall in June 1,2013 and broke my right leg in 2 spots . I was ina full cast for 6 months and so when the condo found out i sued them, thats when they contacted by lanlord and told them that had to evict me so why shhould i pay the back rent when I cant live her , if it was for the condo i would still be living her , but i have faith that god will work it out thanks

Barbara Billiot Stage

Barbara Billiot Stage

Posted

It is important that you seek a personal consultation with a lawyer in your area. You have a complicated matter that cannot be resolved with advice from a website. Your dispute with the condo association has nothing to do with your eviction, even though you feel it does. The court will ask if you paid your rent. No, then do you have a valid defense (rent withheld to make repairs to make the property inhabitable, but only after notice by certified mail 7 days prior). No, then the judge will grant the eviction. The judge will then determine if you are a holdover tenant and if he rules you are h will enter an addition judgment against you for double the back rent. What I don't understand is why you think it's acceptable to cause your landlord financial hardship because of your bad luck. Unless your landlord is wealthy or won the lottery, they need their money too and could lose the property to foreclosure if the expenses go unpaid.

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