How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 27619
Experience:  Attorney
26798026
Type Your Landlord-Tenant Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

Evictions in Florida JA: The Lawyer will need to help you

Customer Question

Evictions in Florida
JA: The Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: This took place several years ago. It was traumatic and just didn't seem right at the time, but according to everyone I spoke with the landlord was within his rights. I had paid half of my months rent but was unable the pay the other half. I was evicted in 11 days even though I filed an answer with the court. I had three minor children that lived with me at the time. I have read the landlord-tenant rights in Florida and there are a couple of things that concern me. Firstly I had no written lease, even though I had asked for one several times, the eviction took place very quickly, and after the writ of possession was post and I was forced to leave, the landlord placed all of our belongings on the curb and told people who stopped to help themselves. I read that after the writ of possession is excited
JA: Anything else I can tell the Lawyer before I connect you two?
Customer: I read that after the writ of possession is executed only the sheriffs office can remove a tenents belongings.
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 7 months ago.
Hi, I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened. When a person doesn't have a written lease, they're considered a month-to-month tenant and have a right only to 10 days written notice before being asked to vacate. Fl. Stat., Section 83.57. Not being given a written lease doesn't in any way affect your rights to a proper eviction. It unfortunately IS legal for a landlord to evict a tenant for paying only half the rent, because rent must be paid in full on the date it's due. The landlord should have given you a notice to pay or quit before filing a lawsuit. Evictions are designed to take place very quickly - on average, it takes a few weeks from the date the Complaint is filed until the trial, but some cases are heard sooner. The landlord is also not supposed to remove the tenant's belongings (and certainly should not invite people to help themselves - your stuff still belongs to you, it's not trash). The sheriff is the one that serves a writ of execution, and it's up to the sheriff to remove everything still inside the property when the eviction takes place. With that said, it's unfortunately too late to bring a cause of action against the landlord now if this happened several years ago. The statute of limitations on injury to personal property or trespass, which is essentially what happened, is only four years in Florida. Even if you could frame it as a breach of contract, that would only give you five years from the date you were removed. I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand. Please rate my answer positively to ensure I am paid for the time I spent answering your question. If you are on a mobile device, you may need to scroll to the right. Thank you.Good luck.

Related Landlord-Tenant Questions