I haven’t been able to pay my rent and my landlord left a notice on my door which says that I have to be out of my apartment in 3 days. Can my landlord evict me if I don’t pay my rent in 3 days?

I haven’t been able to pay my rent and my landlord left a notice on my door which says that I have to be out of my apartment in 3 days. Can my landlord evict me if I don’t pay my rent in 3 days?

evictQuestion:

I haven’t been able to pay my rent and my landlord left a notice on my door which says that I have to be out of my apartment in 3 days. Can my landlord evict me if I don’t pay my rent in 3 days?

Answer:

The notice which you have described is called a “3-day notice”. This is the first step in the eviction process in Florida, but it does not mean that the landlord can simply kick you out in 3 days. In Florida, a landlord must get an order from the court in order to evict you. If you have not paid the rent due to the landlord within the 3 days, he may then file a lawsuit in Brevard County Court to have you evicted from the premises. Once the suit is filed, and an eviction summons is served, you will have 5 days to answer the complaint. If you do not answer the complaint, the landlord may file a motion for default. Once the default is entered, a judge will issue a Final Judgment of Eviction which will be presented to the Brevard County Clerk, who may then issue the Writ of Possession to the Brevard County Sheriff. The Sheriff will then provide you with 24 hours notice to vacate the premises. The process typically takes around 30-45 days. That being said, if you are able to pay the rent to the landlord during this process and they accept your payment, the proceedings will cease.