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[zacchaeus21]

My family & I currently reside in a duplex for the past 3 years. We only had a lease for the first year ever since then we have had month to month lease (well verbal really) agreement, And now our landlord and his girlfriend wants to move in our side (they currently live in the other side which is smaller for the past 11 months). When we returned home yesterday evening there was a letter on our door from an attorney stating that our landlord was giving us 15 day notice for lease cancellation per FL statute 83.03(3). I have 2 questions 1. was this supposed to be served by a process server that we had to acknowledge or sign for? And my 2nd question is after the 15 days are up what happens next if we don't move, will he have to start to eviction process or will he he able to get immediate writ of possession? Thanks for your time.

[fychan97]

A 15 day notice does not have to be personally served. Simply placing on your door is considered sufficient notice.

Yes, if you fail to vacate within that time, the landlord will have to start the full eviction process. Understand that Florida is a very friendly landlord state. The eviction process can take less than 2 weeks. Also, do you really want an eviction on your record? Having one will make it nearly impossible to rent elsewhere.

[warton26]

The notice does not have to be served by a process server. It just has to be delivered to you, which is exactly what your LL has done.

If you pay rent on a monthly basis, he has to give you 30 days notice prior to the beginning of the next rental period. If you pay bi-weekly, then he only has to give you 15 days notice.

If you do not move, he will evict you. If you are having trouble finding a place now with a good rental history, you will find it nearly impossible to find a decent place to live with an eviction filing against you. That filing stays on your public record forever and will haunt you for a very long time.

[ealahweemah72]

The notice does not have to be served by a process server. It just has to be delivered to you, which is exactly what your LL has done.

If you pay rent on a monthly basis, he has to give you 30 days notice prior to the beginning of the next rental period. If you pay bi-weekly, then he only has to give you 15 days notice.

If you do not move, he will evict you. If you are having trouble finding a place now with a good rental history, you will find it nearly impossible to find a decent place to live with an eviction filing against you. That filing stays on your public record forever and will haunt you for a very long time.

You have 15 days to move, period. Working for a real estate firm the question asked after the fact if they can afford the rent is "Do you have an eviction or a foreclosure on your record?'. This will usually cause landlords to shy away from those potential tenants. They will also do a background and criminal check. In doing so they will ask for a rental history from your prior landlord . . . you really don't want them trashing you since it could hurt you getting a new rental.