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Eviction Answer

by Ron
(Jax, Northside)

Where do I get a form for an answer to residential eviction in Duval county Florida? Where can I download an answer to residential eviction form in Duval county Florida?

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Pets
by: Anonymous

We've paid our rent on time for the last 2 years 6 months, but now our landlord wants to evict us from a page she printed off line.

24 hour Eviction
by: Anonymous

I Got an eviction notice to vacate in 24 hours.
I thought it was 72 hours. Do I have to pay the months rent if I'm evicted?

Eviction hearing?
by: Anonymous

Is a hearing required when an eviction notice is served on a tenant in Volusia County?

Eviction
by: Anonymous

In the state of Florida do you have to put the items out on the street or can you hold them for so many days then trash? This person walked away from everything.

10 years later
by: need answers

I was staying in a commercial property with 2 other girls. There was an incident that occurred -- we all came to terms to move out. This incident was a Halloween prank went wrong so they agreed to let us leave. From my understanding we were evicted, that's not the problem. This was in 2005 I have since lived in 2 rental properties with good rental history. This year me and my family decided to move again. When I applied for a new place I was rejected due to this same eviction the happened in 2005. From my research it is said that they can reopen the case if they want. My question is why is it going to affect my credit and rental history after so long? Because even when you receive an eviction after 7 years it is considered a charge off. I need some answers because I need to know what to do. I have been working really hard to get my credit repaired and now this.... Someone please help me.

Eviction
by: Anonymous

I have a contract until June 2015. My landlord sent me a written agreement to make repairs using rent money. I did so and he allowed $12,000. I did sent all receipts and checks I made to repair the property. He manifested he wanted to rent the apartment at $1600 I am paying $1350. He has sent a real state to post a three day notice to pay $1500. I have paid rent until January, if I do not pay him that amount for November we will file an eviction order.
The real state agent in charge of this case has been threaten me with email since October to return the key. No notice has been sent before, I have not been in default for 5 years. What should I do in this case?

Eviction
by: Judy L.

Dear Ron,
I'm not an attorney, but I am a landlord. First, let me say, I've seen all kinds of Answers filed over the years when I've tried to evict tenants. As far as I know you just answer the complaint for eviction like any other law suit, point by point. If you have defenses this is the time to raise them. The fact that you lost your job and don't have any money is probably not a defense. But, the fact that the roof leaks like a sieve probably is. I looked on the Florida Bar's site, www.floridabar.org, but although they have other landlord/ tenant forms, I didn't see a form for an Answer to an Eviction.

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EVICTION


(Ormond Beach)

My tenants are impossible! They are behind on payments. They do not take care of the lawn like they promised and the inside is a mess. I want to evict them but I do not know the process. Can you help me with getting theses people out of here ASAP?

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Land lord lien for rent
by: Anonymous

I paid rent the land lord is trying to kick me out what can i do to appeal eviction?

Property manager onsite
by: Evon

I had an onsite manager. I fired her and now she won't leave. I'm having a hard time getting her out. The office is with the house she was in. This is in Manatee County Florida. I gave her a seven day notice to vacate can I use that to file eviction.

Volusia County
by: Legal Eagle Paralegals Nonlawyrs, Inc



Landlord / Tenant Rights

Both landlords and tenants have certain rights that are protected by Florida law. If you are a tenant having a problem with your landlord or a landlord who needs to evict a tenant, your County Clerk of Court can help.

Landlord Rights
The most common reasons landlords evict tenants are because the tenant has failed to pay rent on time or has not complied with the requirements of the lease or has violated Florida law.

If a tenant fails to pay rent, the landlord must serve the tenant with a written notice allowing three days to pay the rent or move from the premises.
If a tenant does not pay the rent or move from the premises within three days, the landlord may take legal action.
To receive the rent payment or gain possession of the dwelling, the landlord must file suit in county court.

What happens when a suit is filed?

The Clerk will issue an eviction summons, which gives the tenant five days to respond to the court.
If the tenant does not respond to the summons, the court may enter a judgment for possession of the property. After judgment the Clerk of the Court, will issue a “Writ of Possession” authorizing the Sheriff to notify the tenant that eviction will take place in 24 hours.

http://myfloridaclerks.com/pages/optionalarticle/69

Legal Eagle Paralegals Nonlawyers Inc

Eviction
by: Margaret

Sounds like your tenants have breached the lease by nonpayment of rent and regarding upkeep of the property. Volusia county likely has an eviction package you can purchase from the Clerk and do it yourself. If you need assistance, do not purchase the package and call us. (407) 973-3088
ProSeSolutions@aim.com

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Eviction from a commercial property

by Frank
(Ormond beach FL)

Is the eviction process from a commercial retail space the same process as in residential?

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Commercial Eviction
by: FALDP Staff

We found a very informative site - http://www.evictus.com which is operated by an attorney in Miami, Alberto M. Cardet. Posted on his site is the following information:

"I believe one of the most significant differences is that the law in commercial tenancies is “TENANT BEWARE”. Commercial tenancies are considered the same as any other arms-length transaction between commercially sophisticated entities. In other words each party, the landlord and the tenant, must look out for its own interests in the market place and can contract in or out or most obligations and responsibilities that may arise out of their landlord – tenant relationship. This is a stark difference from the residential side, where the law clearly defines the obligations of the landlord and the tenant and the law goes further to invalidate any agreement that purports to alter the statutory rights of either party."

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Tenant Leaving a month before termination date of Extension

by Tom
(Santiago Chile)

My problem Is I have a tenant in Boca Raton Florida Who was given a 90 day extension which they signed and is now vacating the premises a month before expiration of said extension and is using their security deposit as last Months rent? I'm In South America (Santiago Chile)Can I still use the 3 day notice to pay or quit? And use your
services? Or do I need legal representation? Mr Gehlhaus

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Landlord/ Tenant
by: FALDP Staff

Mr. Gelhaus,

A three day notice to pay or quit is used when the tenant is still in the property and has not paid rent. They have a choice - either to pay within the three days or move out. Many landlords are satisfied just to let a nonpaying tenant move out, and often do not pursue money damages. In your situation, however, the tenant has already left and you may only need to pursue money damages. So it isn't an eviction, rather it may be a small claims suit for lost rent and property damage if there is any.

83.575 Termination of tenancy with specific duration.—
(1) A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord within a specified period before vacating the premises at the end of the rental agreement, if such provision requires the landlord to notify the tenant within such notice period if the rental agreement will not be renewed; however, a rental agreement may not require more than 60 days’ notice from either the tenant or the landlord.
(2) A rental agreement with a specific duration may provide that if a tenant fails to give the required notice before vacating the premises at the end of the rental agreement, the tenant may be liable for liquidated damages as specified in the rental agreement if the landlord provides written notice to the tenant specifying the tenant’s obligations under the notification provision contained in the lease and the date the rental agreement is terminated. The landlord must provide such written notice to the tenant within 15 days before the start of the notification period contained in the lease. The written notice shall list all fees, penalties, and other charges applicable to the tenant under this subsection.

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Boyfriend trying to evict me from his home.

What rights/recourse do I have? I have no job, income or assets. He promised to support me and pay for medical care that I need desperately. I will truly be homeless if he prevails. He has hundreds of thousands of dollars which he is squandering away, instead of helping me as he promised.

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Further info on "Boyfriend trying to evict me"..
by: Anonymous

He has hired lawyer to handle eviction. He sent me Notice asserting totally false allegations against me. Accusing me of theft, destruction of property. Total lies, and if he had any conscience at all, he would admit this. Do not understand how he could be allowed to claim such blatant lies in any kind of legitimate eviction.

Legal Eagles Response
by: Anonymous

Hello, when you are in a relationship and living without a lease but can prove you live there, i.e., address on license, mail coming there, paying bills, etc., the proper remedy that must be used against you is called "ejectment". Ejectment differs from eviction in several respects. Thank you have a great day.

Eviction
by: Staff, FALDP

Dear Anonymous,

If you are living in your boyfriend's home, as far as we know, he needs to legally evict you in order to make you move out. According to Florida law, as displayed on the Florida Division of Consumer Affairs website - http://www.800helpfla.com/landlord_text.html:

Section 83.67, F.S.
Florida Law does not allow a landlord to force a tenant out by:

Shutting off the utilities or interrupting service, even if that service is under the control of the landlord or the landlord makes the payment;
Changing the locks or using a device that denies the tenant access;
Removing the outside doors, locks, roof, walls or windows (except for purposes of maintenance, repair or replacement); and/or
Removing the tenant's personal property from the dwelling unless the action is taken after the surrender, abandonment, or recovery of possession of the dwelling unit due to the death of the last remaining tenant in accordance with section 83.59(3)(d), or after lawful eviction.

As far as making your boyfriend pay for your medical care, we suggest you seek legal advice for that. We are not attorneys, and whether you can enforce that promise may depend on whether it was a gift or an obligation.

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I'm evicting my parents and siblings from my house that I own and am living in.

They don't pay any rent and they don't have a rental agreement with me. I told them I will be evicting them and they changed the locks. I can't get into my house or get any of my property. I need to know what documents or process of eviction should I do. I've never done this.

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Eviction or Ejection
by: Rob E

Depending on the county in which you reside an eviction may not be possible unless they have signed proper documentation agreeing to pay rent. If they are living at your house rent free and you cannot evict them then you will need to file paperwork for ejection instead, which can be a much more complicated process. Just to be clear, I am not a lawyer. I simply study law because I find it interesting, but due to the research I have done on this subject I do believe an ejection will be necessary. Either way good luck to you, I hope this helped.

Eviction
by: Staff

Dear Owner,
It sounds like you have been evicted from your own house. We suggest that you first contact a reputable locksmith and make arrangements for him to meet you at your property to change the locks again so that you can access your house. You may want to prove to the locksmith that you are the owner of the house. Take your deed with you when you meet with him. You may also want to make arrangements for a law enforcement stand by so that there isn't any trouble when you're changing the locks.

After that, you can proceed to evict your parents and siblings as you normally would. Steps for Florida eviction are outlined on this site on the page titled "Eviction Network" on the navigation bar. You can also purchase Florida eviction forms on our site on the page titled "Civil Forms". There may be local forms or information on your county's website.

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Eviction

by Shawn
(Volusia Co, Florida)

Neighbor is being evicted for congregating in hallways; however, it is not the resident. How can they prove that it is someone else to avoid a 7 day eviction

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Eviction
by: FALDP Staff

Shawn,
It may depend on what the rental agreement or lease says. If the people congregating in the hallway are there because of your neighbor, he/she may be in violation of something in the rental agreement or lease. There may be a rule as broad as: the tenant agrees to refrain from causing disturbances in the common areas. And if his or her visitors insist on congregating in the building's common areas, his tenancy may well be in jeopardy. On the other hand, if your neighbor really has nothing to do with the presence of those congregating, he needs to make this perfectly clear to the landlord. Your neighbor may be able to get help from Legal Aid for an eviction, if you qualify for their services.

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Termination of Rental Agreement

by George
(Daytona Beach)

I have a month to month rental agreement with my landlord, not a lease. Do I have to give a certain amount of notice before I leave, or can I just leave anytime? The rental agreement doesn't say. The landlord has a security deposit which I would really like to get back. Any help is appreciated.

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Notice
by: Lorna

Hi George,
I believe that you need to give the amount of notice for the same period of time that you pay rent. If you pay rent monthly, then you're supposed to give a month's notice. If you pay weekly, then a week. Florida landlord/ tenant laws are in Florida Statutes Chapter 83.

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Housing

by Jacqueline
(Massachusetts)

My homeless brother who lives in florida, has nothing, no money and no assets. Is there housing available for him somewhere?

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evictions

Can I have record sealed if I have an eviction? Can I reopen an eviction case that I chose to move instead of going to court?

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Eviction case sealed
by: Judi

As far as I was able to find out, the short answer is NO. However, if you have paid all money owed in full, you may be able to convince the former landlord to file a voluntary dismissal of the case. Or if it was filed and you cured the reason for eviction, nonpayment for example, a case dismissal is appropriate.

If your eviction was dismissed; or you paid all money owed in full, you also may be able to have the eviction removed from your credit reports. Or if not removed, at least show that it was dismissed, or the debt satisfied.

I'm not a lawyer, please do not consider this as legal advice.

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How long does it take to evict someone from retail space?

How long does it take to evict someone from retail space?

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Owner, Dakota's Document Preparation & Consulting Services
by: Gigi King

If a tenant has already filed bankruptcy prior to a landlord attempting to evict for failure to pay rent, an automatic stay in favor of the tenant will prevent the landlord from giving the tenant a termination notice or from beginning the eviction process.
Bankruptcy is governed by federal law, under Article 1 of the U.S. Constitution. The primary bankruptcy law is in Title 11 of the U.S. Code. Liquidation proceedings under Chapter 7 — In Chapter 7 "liquidation" proceeding, those assets that are not exempt from creditors are collected and liquidated (reduced to money). The proceeds are distributed to creditors by a private trustee appointed to administer the debtor's estate under Chapter 7 (see generally 11 U.S.C. §§701-704). An eligible debtor may receive a "discharge" from his or her debts under Chapter 7, except for certain debts that are prohibited from discharge by the Bankruptcy Code. http://www.justice.gov/ust/eo/ust_org/index.htm
Reorganization proceedings (usually business-related) under Chapter 11 — Chapter 11 offers a procedure by which an individual or a business may attempt to "reorganize" its debts while continuing to operate. The vast majority of Chapter 11 cases are filed by businesses. The debtor, often with the participation of creditors, creates a reorganization plan under which to repay all or part of its debts. The "debtor in possession" may generally continue business operations pending reorganization, unless a trustee is appointed under Chapter 11 (see, e.g., 11 U.S.C. §1104).
However, the landlord may still proceed with the eviction by asking the federal bankruptcy court to lift the stay. Evicting a tenant who has already filed bankruptcy, or who files for bankruptcy after the eviction process has begun can be complicated. Some laws allow commercial tenants to stop the eviction process when bankruptcy court is involved, and in such cases, it is almost always best to hire an attorney.

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