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My landlord Is evicting me but im not even a month late with my rent. Can she do that?

Cape Coral, FL |

My rent was dur 8/4 and on 8/6 the landlord went to the courts and filed eviction papers. I got servred 8/16 by a sheriff. My landlord called today and told me I have to be out by Thursday the 23rd or she is going to change the locks. I pay my rent every month but recently I had my husband arrested for domestic violence so I could not cover all the bills myself. Also I have 2 Children 1 who is disabled. I dont know if she can do this to me not even being a month late. I thought thats what late fees were for.

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Attorney answers 2


Prior to the eviction, did the landlord place a 3-day pay or quit notice on your door? This has to be filed as an exhibit along with the eviction. Once served with the eviction, you have 5 days to respond and get an answer in to the court, at which time the court will schedule for a hearing on the matter. If you fail to answer, then you are in default and a final judgment for eviction will be entered. If you fail to leave at this point, then the landlord will obtain a writ of possession which will be posted by the sheriff giving you 24 hours notice that the landlord will be put back in to lawful possession of the dwelling.

Late fees are a penalty for failing to pay rent when due. In order to be evicted, you simply just have to fail to pay rent when due.

Note: The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.


Yes, of course, a Landlord can sue for possession of the premises as soon as a Tenant is in default by not paying the rent.

You can apply to some agencies to see if you qualify for some assistance with your bills.
They might be able to help until you find your footing.
Ask your local church or government office to see if they have a listing, or go online to see what resources are available to you.

If it turns out you cannot afford the premises, then you should clean it and call the landlord
to turn over the keys. The agencies who help domestic violence victims and those suffering a temporary hardship may even be able to place you in a lower-cost housing unit.

Good luck!