Thank you for your question. Please permit me to assist you this afternoon.
The reason you would need a notice of non-compliance is because this stipulation you had was not court-ordered or court approved, it is essentially a private agreement between two parties. Hence, it is not a default breach because it did not yet go through the courts and you did not yet obtain a formal order or writ of possession.
Until you obtain a writ, you cannot create a short-cut via the system, you would still need to pursue a full eviction hearing regardless of your private agreements since the tenant cannot be made to circumvent or limit his own ability to seek a full process for the eviction.
Does that make sense so far?
so can I file for writ of possession and should I include the stipulation
Correct, as part of the hearing you can show that the tenant breached the terms which is the basis of your writ
but you you would still have to give written notice to tenant first if you haven't already and follow all of the steps of a traditional eviction process.
Iso can I just go forward with my default
You can pursue an eviction, yes, if you gave them written notice and they failed to pay as ordered.
oh geez ok so That means I need to give a notice of non-compliance which is a 7 day notice. Or are there shorter notices
so as of now I need to give her a 7 day notice
In what state are you located? Some states allow for a 3 day notice--please allow me to check
In Florida but I have already given her a 3 day and had starteed the eviction process so I'm ready to go on with my default which is the writ and final judgement. I acceped money from her after I did the first phase of the eviction
Ahh, that is no good, once you accepted funds you would need to restart the process
The courts treat acceptance of funds as a cure to the default
that would mean that you would have to give her a new notice based on the new default
so do I need to refile the first phase and start with a 3 day notice even if I already have done so. I accepted money from her after I filed
That is unfortunately correct.
And this time not accept the funds but simply take it to court once the notice expires.
so will I have to cancel the first case that I filed.
I did not do the default yet. Because I accepted money the day That I filed the first phase.
Right, you would need to re-file
That would mean cancelling the first action and refiling based on the new notice.
Ok Dimitry. Thank You
You are most welcome, glad to help.
Is there anything else I can answer for you at this time?
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