Eviction in Broward County, FL - Part 2 - has anyone been through this?

Question

I have a tenant in Broward County, FL, that was 3 weeks late with the rent in May (Pay or Quit notice filed, when she paid, the attorney said wait to see if she pays in June, then file again).

Ok, she didn't pay by June 3 - another Pay or Quit notice, then an eviction filing with a 5 day notice. I had my agent in FL do the filing.

Given all the weekends and beaurocratic time wasting, it took until June 20th to get the 5 day Summons posted on her door. The 5 day clock doesn't include weekends, so she had until yesterday, the 27th, to respond to the court. If she didn't, the writ of possession was to be filed today, with a 24 hour removal notice from the Broward County Sheriff posted on her door.

Well, being the professional tenant that she is, she came up with the rent and paid it to the court yesterday at the 11th hour. The case is now in the judge's hands I was told. He may dismiss it, or go forward with the eviction, which will still take at least another week.

The rent is due this Friday, July 1st. She certainly won't have it, so has anyone had experience with what typically happens at this stage? The court clerk won't tell me anything.

If the judge allows her to stay, I've just lost $300 in filing fees. Do I have to pay that again on July 5th? Will the judge make her bring July's rent to court in order to dismiss the eviction?

June's rent is in the court registry, so I still have no rent from June and no late fees. That's a separate issue.

I appreciate any feedback!

Aly

Andy M. · Answer

I have no personal experience with evictions so what I say is from research. Here in California, once you serve the 3-day notice and you did not get paid by 4th day, tenant is in default. You don't have to accept rent after 3rd day and can proceed with eviction. So if FL law is similar, its to late for paying rent now.

Ok so she did Answer, and if it was done properly then it sounds like you will get a court date now. I don't believe paying rent dismisses the case once summons was issued.

Here is copy/paste link
"If you stay beyond the three days without paying the rent that is properly due, you will be occupying the rental unit unlawfully. The landlord then has a single, powerful remedy: a court action to evict you and recover the unpaid rent (called an "unlawful detainer [eviction] lawsuit" [see The Eviction Process]). Your failure to pay the rent and to leave promptly may also become part of your credit history, which could affect your ability to rent from other landlords."

Aly W. · Answer

Thanks Jon. The lease does indeed hold her responsible for court costs and late fees, but the eviction process is separate from collecting the other fees. That's another fun process :)

And her replacement will certainly be on a month to month lease.

Jon Holdman · Answer

Are you allowed to charge her for the filing fees? I would be tacking those onto the late fees. My lease says I can apply any money I receive to fees and other charges first and rent last. So, if she pays the "rent", she's really paying off the other fees.

Month to month leases are your friend. A longer lease is much more binding on you than on your tenant.

Eviction in Broward County, FL - Part 2 - has anyone been through this?

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