Housing

BCLA legal services include those listed as links below. These links provide helpful information, advice, suggestions, and direction for those in need of legal aid.

Important Considerations

Suggestions

Important Considerations

If you fail to pay your rent when it is due, your landlord must provide you with a written notice that indicates that you have failed to pay rent. This notice must allow you an additional three (3) business days within which to pay the rent money that you owe. If you can, you should pay your landlord the rent money that this notice indicates that you owe within this 3-day period. If you pay the rent money within this 3-day period then your landlord cannot file an evictions action against you for your failure to pay the rent on a timely basis.

If an eviction order is issued against you by the Court, the Brevard County Sheriff's Department will tape a document on your door called a "Writ of Possession." When this Writ is taped to the door, this is your signal that you must move out of your rental property within 24 hours. If you fail to move from the property within this 24-hour period of time, then your landlord is entitled to have the Sheriff come back to your property for the purpose of removing you, your family, and your personal property from the home. If your personal property is removed by the Sheriff, such property will be placed at the curb of the boundary of your rental property, and other people are entitled to take your property from the curb. In such a situation, Florida Law states that your landlord and Sheriff are not responsible for your lost property.

Other Suggestions

If you are unable to pay your rent on time, we suggest that you speak to your landlord to advise your landlord about your financial problems and when you expect to obtain money to pay your rent. If you have applied for unemployment compensation, then ask your landlord if he will wait until you receive your benefits. If your landlord agrees to wait, try to get your landlord to put his agreement to wait in writing.

If you are unable to pay your rent and your landlord is not agreeable to waiting until you get more money, then we suggest that you immediately begin a search for some other housing since Florida Law does not allow non-paying tenants to stay in a rental property for very long. We suggest that you speak to family members, and friends, about possibly living with them until your financial crisis is over.

We are a non-profit (501-C3) agency that provides free legal aid civil service to indigent persons.

Under Florida Law, you are obligated to pay your rent when it becomes due even though you are disabled, have an illness, were in the hospital, or you are unemployed or have reduced work hours due to poor economic conditions. Unfortunately, Florida Law does NOT provide you with any additional time to pay your rent unless your landlord has agreed, in writing, to allow you additional time to pay your rent.

If you cannot obtain your rent money within the 3-day period that was given to you by your landlord then, if you can, you should move out of your rental property before the end of the 3-day period payment period. If you move out within this 3-day period then your landlord cannot file an eviction action against you (although your landlord can sue you for unpaid rent). The benefit of moving out before the end of the 3-day payment period is that the Public Records of Brevard County will not show an eviction action having been filed against you. This will make it easier for you to find new housing without having to tell your new landlord that you had an eviction action filed against you for non-payment of rent.

If you are unable to pay your rent, then you may want to call the following organizations for possible monetary assistance, other housing, and other services:

* Your place of worship
* Brevard County Help Line / dial 211
or (321) 632-6688

Under Florida Law, your landlord is not allowed to lock you out of your rental property, or turn off your utilities, without first having received an order from a Judge. If your landlord does lock you out of your rental property, or your landlord does shut off your utilities, then immediately call Central Florida Legal Services at (321) 636-3515 for possible legal assistance.

If you have children, please be very careful regarding the housing for your children. If you do not have electric service in your home, or if you do not have running hot and cold water in your home, then this situation may result in the State of Florida placing your children in protective care. In addition, you may be subject to criminal charges.

If you have any questions about housing law please call: Central Florida Legal Services at (321) 636-3515