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bussinessman1

late rent, landlord wants to evict

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my rent was due december 1st i informed my landlord the rent would be late due to me not working lately. now she has started eviction process, I was served the standard 3 day notice here in florida i believe now she has to file to take me to court isnt this true? can she legally kick me out for the rent being a few weeks late? i will pay it by the 15th of december. she served me the 3 day notice herself. as long as i pay my rent can she still have me evicted?

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my rent was due december 1st i informed my landlord the rent would be late due to me not working lately. now she has started eviction process, I was served the standard 3 day notice here in florida i believe now she has to file to take me to court isnt this true?

Yes.

can she legally kick me out for the rent being a few weeks late? i will pay it by the 15th of december. she served me the 3 day notice herself. as long as i pay my rent can she still have me evicted?

Paying the rent during the court process gets the eviction dismissed.

However, you must pay before the court issues the writ of possession and you must pay the landlords court costs and process service fees as well.

Above assumes residential rental. There may be other rules for commercial rental. You'll find the statutes for both at:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083ContentsIndex.html&StatuteYear=2010&Title=%2D%3E2010%2D%3EChapter%2083

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A few weeks? You're kidding, right? The landlord can start the eviction process if you are even a single day late. The process in every state requires the landlord to serve an x-day notice to pay or quit ("quit" meaning vacate). I'll assume you are correct that, in Florida, "x" is three days. If you pay within the three days, then the landlord cannot evict you. If you don't, then the landlord can file an eviction action with the court. I don't know the point at which you lose your ability to stop the eviction process by paying the full rent owned (plus whatever costs the landlord is entitled to collect), but that point eventually will come. Don't assume that you can unilaterally impose on your landlord whatever grace period happens to suit you in a given month.

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