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Sent notice of noncompliance, received eviction notice

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tmv156

Guest
What is the name of your state? Florida

Renting a house from a private owner. On May 29, sent landlord a "Tenant complaint of landlord's noncompliance of obligations/Notice of Intent to Withhold Rent" by certified mail describing deteriorations of the house. Landlord pick up the notice on June 6. Landlord began addressing some of the issues. Now, June 12, received a notice from landlord: 3 Day notice to Pay Rent or Deliver Possession. given to us pursuant to Florida Statutes Sec. 83.56. There is some "Certificate of Service" with some man's signature, but I don't know if this was a sheriff or just a friend trying to make it look official, as we were not home. Tomorrow was to have been her 7th day to address the issues. Can she really evict us in 3 days? I know that if we do pay her the rent, then every complaint in our letter gets dismissed.

We do want to move out at this point, but we obviously will need a couple of weeks to do so. Are we really liable for rent during the period of our "intent to withhold rent"?

Also, is the landlord of a single family dwelling responsible for rat control in Florida?
 


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badtenant

Guest
Well this is what you wanted to do.

You have in essence sued the landlord, the landlord has given you 3 days to move. After the 3 days, he must sue you in court.

Then when you get to court a judge will decide if you were right in witholding the rent and can terminate your lease.

Yes my boy, YOU are going to court!

PS>>>> the only bad part is you MUST have all the rent on you when you appear in court. So just in case you do lose, you can pay what you owe and still have a place to live. If you dont pay what you owe in full, the judge could issue an eviction notice to the sheriff to kick you out in 3 -5 days.
 
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TJI

Guest
Well Badtenant

You are wrong o Boy!

You will not have to pay on the spot in fact the COURT does not collect the $$ for him. If need help you may tell the court for an installment plan or you can just not pay anything and after 30 days they will go after your garnishments but NO you do not have to pay ON the Spot!

Landlord must get you to pay after courts decision!
 
B

badtenant

Guest
Re: Well Badtenant

Wrong again TJI:

Do you really think a judge is going to let a tenant just walk out of court, owing the landlord money, and be able to go back and live rent free?

No, the judge is going to demand the tenant put up or shut up. Put up the money with the court...since you witheld it, kept it safe and didnt SPEND IT!

THEN, when the repairs are done and the judge is satisfied, he will release the money to the landlord.

There is no such thing as a payment plan when you withold the rent. You are NOT supposed to spend it before court!

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TJI said:
You are wrong o Boy!

You will not have to pay on the spot in fact the COURT does not collect the $$ for him. If need help you may tell the court for an installment plan or you can just not pay anything and after 30 days they will go after your garnishments but NO you do not have to pay ON the Spot!

Landlord must get you to pay after courts decision!
 
J

jewelsf

Guest
re: going to court

I'm not sure if this is applicable to this case or not but I'll share it anyway. I accompanied a landlord to small claims court - he was suing a tenant for non-payment of rent. The case was decided in favor of the landlord and the tenant was instructed to pay rent, but he was not expected to pay on the spot - in fact the judge instructed the landlord that it was his responsibility to collect the rent. This was in Michigan, so again I'm not sure if the system would work differently in Florida. The landlord was happy but did mention that he was doubtful that he would actually ever see the rent.

Julie
 

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