Can you give me advice on my rights in an eviction?

My landlord stated to me today that she is starting the eviction process. We paid for about half of last month’s rent in which she had OK’d. The other half was supposed to be paid on the 22nd. We did not have all of the monies. My husband lost his job and then started his new job. He does not get paid until the 5th of this month (which will only be 1 week’s worth). I contacted the landlord in regards to this and received no response. I contacted her again and today she advised me that shes starting the eviction process and we have to pay for attorney fees. What do I do? I have to 2 children.

Asked on November 2, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In an eviction process there are two ways for the landlord to begin the process. The first is by way of a notice to terminate the tenancy served upon the tenant. This is usually a thirty (30) day notice of termination. When this happens, the tenant has thirty (30) days to vacate from the date the notice was served.

The other process is when the tenant is served with a three (3) day notice to pay or quit. In this situation the landlord is giving the tenant a chance to cure the breach of the agreement for the end of the lease so that he or she can remain. Curing must happen within the three (3) day period after service of the notice. If the problem is not rectified then, the landlord then brings an action for an unlawful detainer to end the lease and evict the tenant.

I suggest that you keep in contact with the landlord and try to resolve the unpaid rent situation informally. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.