Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

Explain how to take tenant to small claim court because

Customer Question
tenant has not paid rent since...
explain how to take tenant to small claim court because tenant has not paid rent
since April and refuse to move. Gave tenant the option to pay May rent and keep June
rent and move. Letter sent to pay rent or quit.
Submitted: 1 year ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 4 minutes by:
6/24/2016
Lawyer: rayanswers, Lawyer replied 1 year ago
rayanswers
rayanswers, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 44,586
Experience: 30 years as a Texas lawyer dealing in landlord tenant
Verified

Hi and welcome to JA. Ray here to help you today.

Here is the proper notice, you may have already sent this.

http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/0F6FE5BE25E170B2852577370049C8CB/$FILE/FORM%201.pdf?OpenElement

Petition you file where you are located.

https://www.floridabar.org/TFB/TFBResources.nsf/Attachments/3D4ECFB1A6C1CB1B85257737004B4D39/$FILE/FORM%205.pdf?OpenElement

Summons and judgement for eviction and rent here.

https://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/a2490d4fa31363a88525771200482bdd!OpenDocument

I appreciate the chance to help you today.Thanks again.

Ask Your Own Landlord-Tenant Question
Lawyer: rayanswers, Lawyer replied 1 year ago

THREE DAY NOTICE
If a tenant has not paid his rent, the landlord is required to give his tenant a three day notice in writing tovacate the premises or pay the rent. After three full days (Excluding Saturdays, Sundays, and legal holidays) have elapsed from the date of the notice (notcounting the date the notice is delivered to the tenant), if the tenant has not complied with the notice, the landlord then comes to the Clerk’s Office and files his complaint for eviction of the tenant. Fla Statute 83.56

Ask Your Own Landlord-Tenant Question
Lawyer: rayanswers, Lawyer replied 1 year ago

When the eviction complaint is filed, the Clerk will issue a five day summons and send it to the sheriff forservice on the tenant. The tenant will have five working days in which to file a written response to thesummons with the Court or to vacate. If a written response is made, a hearing will be set before the judgeassigned to the case and hearing notices will be sent to each party. If no response is made, the landlord maycome back to the Clerk’s Office, with a Motion for Default, and pay another $90.00 to the sheriff (Businesscheck or money order payable to the Escambia County Sheriff or you can take cash to Sheriff Dept.). Youwill need to complete and submit three (3) copies of a Judgment for Possession for the judge to sign, and three (3) copies of a completed Writ of Possession to be issued bythe Clerk’s Office.

The Sheriff’s Department will serve the tenant with a notice to vacate. If the tenant doesnot vacate the premises, the Sheriff will then proceed to evict the tenants.

If the tenant should vacate the premises or pay the rent prior to the landlord filing their Motion for Default,the landlord should notify the Clerk’s Office in writing and submit an Order of Dismissal for the Judge to sign.

Ask Your Own Landlord-Tenant Question
Ask rayanswers Your Own Question
rayanswers
rayanswers
rayanswers, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 44,586
44,586 Satisfied Customers
Experience: 30 years as a Texas lawyer dealing in landlord tenant

rayanswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
We were in a year lease on a property. We were never late
We were in a year lease on a property. We were never late with the rent not once. The landlord sent us a letter stating the owners decided to liquidate all their properties and asked to move out asap.… read more
Lori
Lori
Juris Doctor
318 satisfied customers
How do I respond to a “notice of default on appeal” because
How do I respond to a “notice of default on appeal” because “notice designating record on appeal has not been timely filed”?The deadline to file this was on 11/23 (Thanksgiving). I filed on Monday 11/… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,700 satisfied customers
I was working on a quick motion, but I can't file another
I was working on a quick motion, but I can't file another motion, because he was VERY CLEAR that he tried to help me and I didn't listen to him and provide him exactly what he asked for, which of cour… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have bad credit so the landlord wants the entire lease one
I have bad credit so the landlord wants the entire lease one year paid in advance. I am in Brooklyn NY I have a small bird that tends to make a lot of noise. I asked them if I get evicted because of t… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I given the guardian of our nice a letter to remove all her
I given the guardian of our nice a letter to remove all her belongs from our premises, 2 week notice was given. Unfortunately she is unwell and her mother has been doing the removal. Today is the last… read more
Lori
Lori
Juris Doctor
318 satisfied customers
Esq. - This is a question regarding heat requirements in my
Dear Lucy, Esq. -This is a question regarding heat requirements in my two rental units.I live in San Francisco, CA. I live in a single-family home. I have a renter downstairs in a downstairs studio. A… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I fell on black ice in the building where I reside. The fall
I fell on black ice in the building where I reside. The fall caused me to get my knee replced. The case has been settled, and I should receive around 27,000. If I lose my Section 8 because of this , t… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,304 satisfied customers
I'm looking for a clear understanding of what is owed as a
I'm looking for a clear understanding of what is owed as a duty of care regarding maintenance, security issues etc. in a large retirement community in Loveland Colo. … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
Pennsylvania landlord tenant evection question. It's taking
Pennsylvania landlord tenant evection question. It's taking me to appeals court. Can I represent myself? What do I need to do to respond?… read more
Lori
Lori
Juris Doctor
318 satisfied customers
People upstairs from me make an incredible amount of noise.
People upstairs from me make an incredible amount of noise . i complained to the leasing office more than 5 times but nothing happens. this is a luxury apartment building and i am paying a lot and fee… read more
Thelawman2
Thelawman2
Doctoral Degree
1,299 satisfied customers
Have a porters apt in my apt community. I would like to have
Have a porters apt in my apt community. I would like to have it occupied and have tenant clean laundry rooms in public areas for free rent in ct. is that legal? If so? What happens if they get injured… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,700 satisfied customers
How do i file a complaint against a Calfornia attorney who I
how do i file a complaint against a Calfornia attorney who I believe failed to meet the code of ethics?… read more
LegalGems
LegalGems
Juris Doctorate
10,748 satisfied customers
I am having issues with landlord retaliation. Michigan.
Yes issues with maintenance. When I requested repair the Lanlord became upset and now wants me to leave without giving me my security deposit. I have been residing at the house for less than 30 days. … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I have accepted a new job in PA. My Landlord in IL is giving
I have accepted a new job in PA. My Landlord in IL is giving me a hard time about my lease and won't let me break it? I need to move is there anything I can do?… read more
LegalGems
LegalGems
Juris Doctorate
10,748 satisfied customers
My son and his girlfriend are looking for an apartment in
My son and his girlfriend are looking for an apartment in Tucson, Az. They are being denied because of criminal history for my son, and credit with criminal history for his girlfriend. My son had some… read more
Ely
Ely
Counselor at Law
Juris Doctor
1,278 satisfied customers
A California lawyer, representing my landlord, has been
A California lawyer, representing my landlord, has been trying to increase my rent a few times. My apartment is subject to the Los Angeles Rent Control Ordinance (RSO), and his rent increase notices h… read more
LegalGems
LegalGems
Juris Doctorate
10,748 satisfied customers
I live in Tennessee the house I rent is being put up for
I live in Tennessee the house I rent is being put up for sale and my question is can I not allow the realtor to take pictures of the inside of the house while I am a resident … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,350 satisfied customers
Broeker I talk to you the other day about a landlord tenant
Hello this is Steven broeker I talk to you the other day about a landlord tenant question the tenants are brother came and look through all the stuff and didn't even want any of it gave me forty bucks… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x