Florida Tenant rights when wrong landlord info listed on 3 day notice?

My landlord has hired a management company to manage the property in Orlando just this past month. My original lease is up in Aug and they stated it is not going to be renewed. I recently got married and my husband was helping out with the bills since I had lost my job and only have unemployment coming in. Well, long story short, the marriage is not working and my husband has since moved out of the house. Since I am unable to pay the rent myself I was served a 3 day notice from the management company for non payment of rent and my daughter was served at the door by a sheriff deputy with a 5 day notice this past week in my absence. Not that I want to stay at the house for free, I just need until the end of the month to collect enough money to move.





My questions are:





Is it possible that the court will allow the landlord just keep my deposit in lieu of me paying the rent for this past month if I leave the property virtually spotless?





Can I file a response to the 5 day notice because:the 3 day notice was taped to my door on Saturday, July 3rd. and the date states it was posted on July 4th (which was a holiday and a Sunday this year) Also, the landlord name that says I owe the rent to is totally incorrect. The PM company is the one who issued the 3 day notice and I'm guessing that they have a fill in the blank form and just overlooked changing the landlord name from a previous notice to a different tenant all together. But, somewhere along the line, they must have realized the error because the 3 day notice attached to the 5 day notice from the court had been corrected as to the landlord names, but not the correct date actually delivered. I was never given a corrected 3 day notice. The only one I have is the one with the incorrect landlord name and of course the date delivered.





Shouldn't I have received a certified copy in the mail of the 5 day notice since the deputy gave it originally to my daughter who did not sign the lease? I did receive a copy addressed to me though regular mail.





All I am concerned with is having until the end of the month to be able to move. If I file some sort of answer with the above discrepancies listed this next week (the 5 days are up on Thurs) is it enough to get the eviction process thrown out of court for now to buy me a little extra time? I know that they will have to refile the paperwork again, but by the time they start the process over again, I will be out of the house.





Thanks!|||No, times up.





It does not matter when they taped the notice, you did not pay teh rent in the 3 days. It does not matter what day of the week it is, it is 3 calender days, at some point in the 3 days banks are open, so you have no excuses. The notice can come from either the landlord or their rep, this is not a problem. You received an extra day, that is the only thing that was effected.





The courts mailed you the 5 day notice, as they have the sheriff also hand deliever notice to you there is no need to have it certified.





You do not have until the end of the month. You have already been evicted, the sherrif will return (it will be the same one) after the 5 day to make sure you are out and lock the place up.





Having an extra day on the 3 day is not sufficent reason to alter an eviction. This is over. It will take about a month to appear on your credit report.|||You are not going to get the eviction notice thrown out of court on these small loopholes.





The thing is, most likely, you would have until mid Aug to be completely out. The landlord has to go to court first. When is the court date?





There are 15 days until the end of the month, I think you will be able to get out before the Sheriff shows up with an unlawful detainer and puts you out.





Have you talked to the landlord? The management company?





It is going to be a huge blow on your credit/rental history to have an eviction on your record.|||I'm not going to advise you on how to cheat your landlord out of what is legally due him. I will, however, tell you that Florida is THE MOST landlord friendly state in the US. Judges do NOT take kindly to tenants who fail to pay rent. I've seen evictions take less than 1 week in that state...with the sheriff escorting the deadbeat tenant to the street with only a 24 hour notice.





BTW...having an eviction on your record will make it nearly impossible to rent elsewhere for the next 10-20 years.