Eviction

[Jenrog]

What is the name of your state (only U.S. law)? Florida
I got 3day notice on 7th of Jan. I had already deposited Dec rent that morning before notice. Landlords attorney revised 3day notice and delivered on the 9th for Jan rent and late charges. On the 12th I deposited 200$ in landlords acct. Was not contacted by attorney or landlord until Tuesday 17. He had is server deliver eviction notice around 8 or 9 in the evening. My mother who is in Indiana deposited 1000$ in landlords acct Wednesday before I could tell her not to. Contacted landlord and let him know. He said he would keep this money to go toward lawyer fees but I still need to put rent and late fees in court register. Can he do this? He says as soon as money is deposited eviction will stop. I know don't have enough to cover everything.

 

[Gail in Georgia]

The tenant is typically responsible for both the late fees (if in the lease) if rent is paid after the due date plus any attorney fees that occurred during the filing process. Funds that tenants often believe are for rent (when paid late or after receiving Pay or Quit notices) will go for these fees.

The landlord telling you that you need to place the rent and the late fees in the court register is for YOUR benefit. It shows the court that you are exhibiting "good faith" that you are willing to pay what you owe in rent/late fees. If you don't do this then it quite likely when you show up for the court hearing the landlords request for an eviction will be granted.

Gail

 

[Jenrog]

The tenant is typically responsible for both the late fees (if in the lease) if rent is paid after the due date plus any attorney fees that occurred during the filing process. Funds that tenants often believe are for rent (when paid late or after receiving Pay or Quit notices) will go for these fees.

The landlord telling you that you need to place the rent and the late fees in the court register is for YOUR benefit. It shows the court that you are exhibiting "good faith" that you are willing to pay what you owe in rent/late fees. If you don't do this then it quite likely when you show up for the court hearing the landlords request for an eviction will be granted.

Gail

I understand about the fees and such what I'm not sure about is he did not acknowledge that I put money in acct. I
deposited money before the quit date. The way I'm understanding in florida is that every time they except money they are supposed to send another 3 day notice. I didn't receive another one before eviction notice.

 

[FarmerJ]

So what you will want to do is to make sure you have your butt in court on the date listed on the summons( If you have a actual summons to appear in court for a eviction hearing) with ALL money owed in hand and then tell the judge you do in deed have money and one deposit was made before you actually got the notice from the landlord and have your deposit records available and why you believe the notice you got was defective.

 

[Zigner]

The way I'm understanding in florida is that every time they except money they are supposed to send another 3 day notice. I didn't receive another one before eviction notice.

Your understanding is wrong.

 

[Jenrog]

Your understanding is wrong.

So what you will want to do is to make sure you have your butt in court on the date listed on the summons( If you have a actual summons to appear in court for a eviction hearing) with ALL money owed in hand and then tell the judge you do in deed have money and one deposit was made before you actually got the notice from the landlord and have your deposit records available and why you believe the notice you got was defective.

The attorney actually transferred money I put in ll account to court register. So I only had to deposit 250. Which was rest of rent. I've not recieved a summons for eviction but the rent is caught up with February being deposited to court register already. Now I'm confused as to what is next. Is this going to go to judge or will it be dismissed as the landlords attorney has said with me paying rent to himfor next 4 months along with his fees?