What is the time limit to move out if I am evicted.

Asked almost 5 years ago - Clearwater, FL

I work and live in a home owned by my employer. Reasently he has been degrading and cusing me out. I feel as if he will soon fire me or I will quit working for him. But I have a feeling if one of these options happen, he will evict me from my home. If this happens what are the laws and how many days do we have until we have to move out?

Attorney answers (1)

  1. Blaise E. Picchi

    Contributor Level 15

    Answered . I will assume that you are paying your boss/landlord rent and that you are not living as a guest in his house.
    Do you have a lease? If you are paying the rent and are up to date and not abusing or damaging the property or otherwise violating the terms of the lease, then he cannot evict you until the lease has run out.
    But, if you don't have a lease and you are making monthly payments and are up to date. Then he has to give you a written notice at least 15 days before the next rent is due. The notice will tell you that you have 15 days to vacate the premises. If you do not vacate the premises by the beginning of the next month's rent, then he can proceed to evict you. He MUST go to court to evict you. He has to file a Complaint for Eviction in the County Court. (It will probably cost him about $200 to file it). The he will have to have the sheriff serve you with a copy of the Complaint for Eviction which MUST allege the 15 day notice, have a copy of the notice attached, and claim that you have failed to vacate within the 15 days. Once you receive your copy of the Complaint from the process server, you have 5 days to file a written answer with the Clerk of the County Court. If you don't he will be able to get a default judgment and you lose. Your answer must deny all or some of the allegations in the complaint, i.e., he did not give you the 15 day notice; you have a valid lease with time left on it, etc. After you file you timely answer with the Clerk, the clerk will set the matter down for hearing before the judge.
    But, let's say he gets a Judgment for Eviction. Then he must apply to the clerk for a Writ of Possession which will be routinely granted. Then he has to take the Writ of Possession to the Sheriff who then takes it to you. It gives you 24 hours to vacate. If you haven't vacated by then, then the landlord, the sheriff, or anyone the landlord hires, can take you property out of the premises an put it out on the street and can change the locks.
    How long does all this take? Well, not overnight. 15 days (or 3 days if the notice is for non payment of rent). Then he has to file (however long that takes him); Then the Complaint has to be served on you (however long that takes the Sheriff or the process server); Then you have 5 days to Answer; If you answer with a proper Answer, you get a hearing, maybe a couple of weeks later; If you don't Answer, then however long it takes the landlord to get a default judgment for Eviction and then a Writ of Possession; then however long it takes the landlord to transmit the Writ to the Sheriff; Then however long it takes the sheriff to come to you door and tack the Writ on it giving you 24 more hours.
    One more important point: A LANDLORD CANNOT BYPASS THIS PROCEDURE; HE CAN'T JUST THROW YOU OUT; CHANGE THE LOCKS; TURN OFF THE UTILITIES; REMOVE THE FRONT DOOR. This is called "constructive eviction" and the landlord is subject to severe penalties for doing this. The court might end up giving the property, or its value, to you in damages for such an eviction.

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