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Florida Eviction

I am in my last month of my lease. I already gave my 60 day notice in December like I was supposed to. I found another place and I am moving in there this Tuesday. Since I've had to put all this money up front for the new place and I didn't get paid that much this month I couldn't pay February's rent at my old place. I had to sign an intent to pay notice to pay Feb. rent and fees by Feb. 19th. I won't have it. What is the eviction process for someone already out? I told them I wouldn't have the rent until the 26th which I will and intend to pay it but they won't give me that extra week. Should I just let it go for a week or should I try to pay them by the 19th? I'd have to possibly bounce a couple of checks to pay them by the 19th. Need Advice.

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Asked by Anonymous at 9:06 PM on Feb. 14, 2010 in Money & Work

Answers (9)
  • If you are already out they can't evict you. Eviction means forcing you out. I wouldn't worry about paying them on the 19th either - even if they threaten to take you to court for the last months rent it would take a month to get into court. Lets say they take you to court but you paid them on the 26th. They would still have to pay court fees which would probably be more than the late fees they threaten you with.
    If I were you, I'd mail them a post dated check for the 26th. Keep records of everything including the check number. They won't be able to cash the check until the 26th. You might also want to make a copy of the check for your records in case they pull a fast one and try to claim you never paid them.

    Answer by PrttyMstng at 9:32 PM on Feb. 14, 2010

  • Take pictures of the place before you leave so they don't try to keep your deposit if you had to put one down. Also if you had to pay a security deposit AND last months rent, ask if they can just keep the last months rent for this month. Then all they owe you is the security deposit back..

    Answer by midnightmoma at 9:38 PM on Feb. 14, 2010

  • Post dated checks are illegal, and they can cash them regardless of the date. The eviction process takes over 30 days, and your on your way out. Send them a certified letter saying when you can pay and call it a day, youve already gotten your new place secured so they cant do much to you. They may WANT their money by a certain time, but hell we all WANT something. Do what you can...just keep records of you contacting them.

    Answer by sweetstkissez22 at 10:21 PM on Feb. 14, 2010

  • I live in PA so the laws are alittle different. They can't evict you, they can file at the magistrate's office. If they do that it will buy you a week or so to come up with the money. After you have taken pictures so you have proof that you left the place in good order, ask them to keep your security deposit in place of February's rent. If they refuse because they feel there was damage, let them know your pictures prove there isn't. If you had to pay last month's rent when you moved in, ask them to keep that instead.

    Answer by CorrinaWithrow at 10:28 PM on Feb. 14, 2010

  • According to the lease and the intent to pay notice it says i have to pay with a money order or cashier's check. I wouldn't be able to give them a check. i will definitely take pictures. I didn't even think about that. I'm not sure what I paid in deposits. I'll have to ask them about that without then knowing why I'm asking. I've been there for 2 years. I don't understand why they have to do this. It's not like I re-signed with them. I don't see why giving them the rent by the time I give the keys is a problem. Soooo glad I'm out of this place.

    Does anyone know fo the website for the Florida law?

    Answer by Anonymous at 10:50 PM on Feb. 14, 2010

  • Florida takes their time with evictions. By the time they got anything accomplished, you'll be in the new place and will have already paid them the rent you owe. Just don't stress about it. No one is going to be able to evict you when you're already leaving. (ps, I am in FL and went through the same thing last month)

    Answer by flitpixie at 11:13 PM on Feb. 14, 2010

  • There is no law that prohibits the issuance of a post-dated check; however, there are laws against issuing checks when you know that you don't have funds to cover them.

    Answer by PrttyMstng at 11:25 PM on Feb. 14, 2010

  • your deposit information is in your lease. it should say somewhere in there what you paid when you moved and what the terms are to get it back. and always take pictures of the place when you move out. They may not accept your deposits in place of the money you owe them but any action they take will take longer than the time it will take for you to pay them what you owe. Don't stress it. Just tell them that they will get their money.

    Answer by Anonymous at 12:35 AM on Feb. 15, 2010

  • It will take them much longer than that extra week to do anything to you. They can't evict you when you're already out. The most they would be able to do is file in small claims court, and even that, you'd already have paid, if you pay a week late like you plan. You should be able to find out your deposit info from your lease, I wouldn't ask them though, b/c if they think you don't know, they could try to pull a fast one on you and lie about it. Definitely take pics before you leave. Also, if you made any major improvements (installing a new fan, fixing a door), take pics of that, too. That way, if you DO end up in court, you can not only prove you paid, but you can show what a good tenant you were the whole time, which will benefit you by making them look worse.

    Answer by tropicalmama at 7:26 AM on Feb. 15, 2010

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