Port Richey, FL asked in Landlord - Tenant for Florida

Q: 3 day notice Jan 17 end date Jan 22. The amount on notice is wrong by $1100. Is the notice valid? Need advise ASAP

I have told them after falling behind with Irma that come the beginning of March my tax refund will more than catch up the background but they want me to come current now. I looked into it filing a BK7 to get a stay and it says you could get up to 60 days to pay past due rent pain current on time. I’m trying to figure out what to do as I don’t want to lose my home when I will have all the funds by 1 March to pay the back rent. If I make a payment into their bank account does that require them to have to start the process over. Also since the notice is wrong and he agreed it in a text on 1/18 that he knew it was wrong said $2945 (but rent only is ($2700)what do I do to buy time to pay the back rent over next 40-45 days?

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1 Lawyer Answer

Cody Malloy McCaughan

Answered
  • Landlord Tenant Lawyer
  • Miami, FL
  • Licensed in Florida

A: If you are not current on your rent then he can evict you. If you pay the amount on the 3-day notice, you are considered current on your rent and he cannot restart the process until you miss another rent payment. If he files an eviction against you, and you dont have enough money to deposit ALL of the past due rent into the court registry, he automatically wins and gets a judgment for eviction. The fact that you do not have the money, but will have it on March 1, is not a defense to eviction. You are in a tricky situation, and March 1 is a long ways off to stall him. Try to work out a deal with him, and MAKE SURE TO GET THE DEAL IN WRITING. Also, contact your local legal aid organization, they may be able to help you at no charge.

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