"H-11 Can't Pay Rent"
The Notice: found for service, your landlord can have Many people get behind in their rent because you served by having a copy of the lawsuit of illness, loss of employment, or loss of • Must give you 3 days to pay the rent or move. Weekends, holidays when the taped to your door and a copy mailed to other benefits. If you are in this situation, you by the Clerk’s Office (called service by here are a few things you should know: courthouse is closed, and the day you get the notice are not included in “posting”). • Your landlord may choose to accept par- counting the 3 days. • Gives you 5 days to respond. The 5 days tial payments of rent, but is not required does not include weekends, holidays when to do so. If you are able to pay at least • Must contain the name, address and telephone number of the landlord. the courthouse is closed, or the day you part of your rent, get a receipt from your are served with the summons and com- landlord. plaint. • Can only demand payment of rent. • If your landlord agrees to let you make Charges for late fees, security deposits and repairs are usually not allowed You must pay the rent you owe to the Clerk’s payments on your back Office within the 5 days or the Judge can evict rent, get the agreement in unless your written lease agreement says they can be considered rent. you without a court hearing. If you do not writing. agree with the amount the landlord says you Your landlord must take the rent if you of- owe, you must ask the Judge in writing to de- • There are charitable cide how much money you have to pay to the agencies in your town that fer to pay the entire amount demanded within the 3-day deadline. Your landlord Clerk’s Office. This is called a “Motion to De- may be able to help you. Your local termine Rent” and must be filed with the United Way office usually has a list of all does not have to take less than the entire amount and does not have to accept any Clerk’s Office within the 5-day deadline. If the places you can call for help. You may you have already paid all the rent claimed by also dial 211 for information in many Flor- money you offer to pay after the 3-day deadline has passed. your landlord, you should attach your receipts ida counties. to your response to the lawsuit. • The Department of Children and Families If your landlord accepts any money from you after you are given a 3-day notice, you IT IS ILLEGAL for your landlord to try to evict has a one-time Emergency Financial Assis- you without filing a lawsuit. Florida law says tance for Housing Program (EFAHP) that cannot be evicted unless you are given an- other notice. You should always get a re- that a landlord cannot: can give you up to $400.00 for rent if you are facing eviction. You must have minor ceipt signed by the landlord for any money you pay. *Turn off the utilities *Change the locks children in the home to qualify for EFAHP, *Remove a tenant’s personal property; or and your landlord must agree to accept *Otherwise restrict access to the home this payment. If you do not pay the money within the 3- day deadline, the second step for the land- to try to get the tenant to move out, even if lord is to file a lawsuit for eviction at the EVICTIONS courthouse. the tenant has not paid rent. Such actions are If you are still unable to pay your rent, your called “prohibited practices.” A tenant whose landlord has to do certain things before you landlord attempts to illegally evict through a can be evicted for not paying. NOTE: This The Lawsuit: prohibited practice can sue the landlord for information applies only to rental of a house, • Must be served on you. This is usually their actual damages or 3 times’ the monthly apartment or mobile home AND lot. If you done by having a Sheriff’s Deputy rent, whichever is greater. A tenant can also own your mobile home and rent the lot only, hand-deliver a copy of the lawsuit get an order from the Judge requiring the land- different laws apply. papers (the “summons” and lord to stop the illegal behavior. “complaint”) to you. If you cannot be Community Legal Services of About Community Legal Mid-Florida, Inc. Offices: A brochure prepared by Services of Mid-Florida, BREVARD — (321) 636-3515 Community Legal Inc. (CLSMF) 803 N. Fiske Blvd. Cocoa, FL 32922 Services of CITRUS & SUMTER — Mid-Florida, Inc. The mission of CLSMF is to provide 1300 Highway 41 North, Suite A access to justice through high quality Inverness, FL 34450 legal assistance to low-income persons. (352) 726-8512 — CITRUS (352) 568-0257 — SUMTER Community Legal Services of Mid- Florida, Inc. provides free legal assis- FLAGLER & PUTNAM — Flagler client toll-free number: WHAT HAPPENS tance to eligible low-income persons in 1-866-886-1799 civil matters (we do not provide legal ———————— assistance in criminal or traffic matters). 216 S. 6th St., Palatka, FL 32177 (386) 328-8361 CLSMF provides community education HERNANDO — (352) 796-7238 seminars and detailed informational 51 West Fort Dade Ave. brochures on major areas of law we Brooksville, FL 34601 practice. LAKE— (352) 343-0815 226 West Main St., Tavares, FL 32778 The Florida Bar Foundation, with Interest on Trust Accounts MARION— (352) 629-0105 program funding, provides 222 SW Broadway St., Ocala, FL 34474 support for this service. ORANGE — (407) 841-7777 122 East Colonial Dr., Suite 200 Orlando, FL 32801 OSCEOLA — (407) 847-0053 800 North Main St., Kissimmee, FL 34744 SEMINOLE — (407) 322-8983 This brochure is for general education only. 315 Magnolia Ave., Sanford, FL 32771 IF YOU CAN’T PAY VOLUSIA — (386) 255-6573 It is not intended to be used to solve indi- vidual problems. If you have specific ques- 128 Orange Ave., Suite 100, Daytona Beach, FL 32114 YOUR RENT? tions, see an attorney. CLSMF offices are Client toll-free number: 1-888-379-4729 listed on the back in this brochure. firstname.lastname@example.org http://www.clsmf.org 06/06 Brochure H-11