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Posted a 3 day notice on door. Tenant indicated that she was…

Posted a 3 day...

Posted a 3 day notice on door. Tenant indicated that she was leaving then on the 3rd day told me she is not leaving until sheriff and court put her out. Approximately how long would it take to get her out and
approximately how much would it cost. She has no lease, lives on month to month. She owes over 4 months rent.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

North Port, Florida

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No lease. Month to month

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just want her gone

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Answered in 3 minutes by:
2/10/2018
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,804
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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I am working on your answer now. I am sorry for the delay. It takes some time to prepare a complete answer. Please note the phone call requests are generated automatically from the system. I do not control them.

Thank you for your patience and understanding.

Kind regards,

Gerald

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Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

You can do this yourself.

Once the three day notice period is over you file a summons and complaint in the magisterial court. There si a specific court for evictions.

You have to pay a filing fee and a service of process fee. This can be $200 to $300 total. You have to check with the clerk.

The court will set a hearing date. Since this is a month to month there does not have to be a reasons for the eviction. So there are rarely defenses.

Once you get your order for eviction you bring that to the sheriff and they will remove your tenant.

The entire process can be done within 30 day if evertything runs smoothly. It can take longer if the tenant fights the eviction.

See:
http://www.sarasotaclerk.com/court-services/evictions

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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On a final note some landlords will do a "cash for keys" settlement. To save time and the costs of suing the landlord will actually give the tenant money to get out. If you consider this make sure you get her to sign a document acknowledging that she is surrendering the apartment and do not give her anything until she is out the door and the locks are changed.

See this article:

https://www.rentprep.com/evictions/landlords-cash-keys-5-tips-5-common-mistakes/

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,804
Experience: Over 30 years of experience
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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).

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