Hi, I recently lost my job and fell behind in my rent payments. Now I have a notice to pay in 3 days. I'm working now but can't pay until

Asked by Dedra Jacobs, Jacksonville Thu Jan 5, 2012

18th. HELP What are the next steps in the court can I ask for more time? Will I even get to see a judge?

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Carlos Herre…, Agent, Orlando, FL
Thu Jan 5, 2012
Typically, in most of Florida, once the 3 day notice time has lapsed and you have not made a payment, the next step is to submit the first part of the package to the court. The court will serve you, on behalf of the owner a 5 day summons. You can then respond to that summons if you like, but I have not seen many judges give any type of extensions on late rent.

I recommend letting the homeowner know or the management company when you will be able to pay. They can hold off on submitting that paperwork to the court and slightly delay the eviction process.

To add some info for you, if you do NOT respond to the 5 day summons, another set of paperwork is signed which includes a final judgment of default and a writ of possession. After a few days and a judges signature, the sheriffs office will be notified and paid and they can serve the writ of possession (Eviction).

Please don't use this to delay the process any longer on paying rent. I'm sure it's tough these days on BOTH parties needing the cash. Let the homeowner or prop. manager know exactly what's going on and how you plan to resolve the issue.

Best of Luck!
2 votes
Tanya Watson, , Jacksonville, FL
Thu Jan 5, 2012
How far behind are you? If you don't pay within the 3 day notice time frame and the Owner files for eviction, you have 5 days to answer the Summons once you are served. HOWEVER, answering is just not enough. You need to deposit the money you owe into an escrow account with the Court so you aren't going to get in front of the Judge unless you have the money anyway. This is to prevent the Judge from having to hear sob stories that really have no relevance (unless you are in the military). The Court has a simple view point.. you pay..you stay.

As everyone else stated, you are best to try to negotiate this with your landlord but if you are more than a month behind he/she probably has valid concerns on your ability to get fully caught up. It would definately be best to try to give the landlord some money now. If the landlord takes any money from you now then the landlord has to start all over with a new 3 day notice.
0 votes
Rob Burns- Y…, Agent, Jacksonville, FL
Thu Jan 5, 2012
You can try to work with your landlord but if hes been a landlord for any period of time he has heard every excuse under the sun why a tenant cant pay rent, unfortunatly it is a business and he has bills too, if you cant pay he has to move forward on getting someone in there who can. Perhaps you can borrow the money from someone to hold you over.
0 votes
FSBOsuccess, Home Seller, 28590
Thu Jan 5, 2012
You need to talk to your landlord. No one here can really give you the best answer.
0 votes
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