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Final Eviction Notice

There is a full eviction process. Knowing where you are at in the process will help you determine what your recourse can be. Uncertainties pertaining to a final eviction notice can often lead to questions like the ones below.

My landlord is suing to evict me which was avoided by paying the agreed amount. Now my Feb. check bounced and he filed a complaint for ejectment and I received my summons. Shouldn't I have received a new notice to quit first before getting a final eviction notice?

It seems that you complied with the first Notice to Pay or quit by paying the money owed. There would need to be another type of notice or event that ends your tenancy in order for the landlord to continue with an eviction. Other notices or events would include things like the lease ending or a 30 day notice terminating the tenancy with the previous 3 day notice you received.

The court can order a payment from you but the landlord would have to collect it. The landlord may be able to levy bank accounts and/or garnish wages or even agree to payment arrangements which would be less costly for him. You could try to contact your landlord and check if there is something you could work out. Sometimes landlords will work with tenants allowing them to move out voluntarily while making payments. If this is the case it in essences stops the eviction if agreed upon.

My landlord gave me a 30 day notice after I complained about his son trespassing and engaging in illegal activity on the property. I do not want to move and this is a clear cut case of retaliation. How do I proceed?

Your lease guarantees a peaceful enjoyment of the property. The landlord is basically in breach of the lease contract by seeking to evict you for complaining about the trespassing and illegal activities being done by his son. You could answer the eviction suit by issuing a counter suit claiming “retaliatory eviction”

I live in Florida and the sheriff just served me with a 24 hour final eviction notice. Is there anything I can do to get more time?

The final eviction notice will be enforced as stated. If you are unable to move your items out then the sheriff will have it moved out of the property. They are not allowed to damage your things but they can be moved out and place in storage. If this is done then you would be charged the storage fees. Typically you will be given 20-30 days to remove it from storage and if you fail the landlord can then sell your things.

If there is a lease agreement and the tenant on commercial property is not paying his/her rent, what recourse would someone have?

If you are seeking to get rid of the tenant for non-payment then you would first need to start the eviction process by issuing an eviction notice. Once the notice is served, then the landlord will need to file an eviction action in the local courts. Make sure all papers are served according to what the courts deem as legal. The person serving the papers is someone other than the landlord. Failure to do so could void the eviction.

The tenant does have rights and will be given time to answer the eviction papers. The allotted amount of time will be/should be listed on the notice papers. The tenant will be able to raise defenses such as: the landlord didn’t give the proper notice of termination, or prove that they have a valid lease and have a right to stay on the premises. If they are able to raise a valid issue then the case will be set for a hearing or a trial to hear the facts. The tenant would then have to give proof of the issues they raise.

In the event that the court rules for eviction, the landlord still cannot change the locks. The landlord would have to go to the sheriff. The sheriff will then post a final eviction notice, usually on the door of the property, telling the tenant that they have to move out by a certain date and time. If the tenant does not comply with the final eviction notice, then the sheriff will have everything removed from the premises.

Having the right information and understanding about a final eviction notice can help when dealing with questions about your rights as a tenant or a landlord. Experts can help answer questions about a final eviction notice or what steps to take under the eviction process. Get the answers fast and affordably by asking an Expert online.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5379
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
characters left:
5 Real Estate Lawyers are Online Now

How JustAnswer Works:

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Real Estate Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 4813
16 years of legal experience including real estate law.
Law Pro
Lawyer
Satisfied Customers: 6227
20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Barrister
Lawyer
Satisfied Customers: 4966
13 years real estate, Realtor. Landlord 24+ years

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