What Do You Think??

[TJI]

What is the name of your state? FL

I'm going to Small claims next week in defense of my former unhealthy dwelling. My landlord claimed damages done to my Apt after I left (I left 1 month early due to inhabitable conditions that she would not repair -proof by Miami health inspector)

My question is she claims I trashed the place (I have pics that prove otherwise) I want to know that since she wrote down the WRONG date on the walk thru "1 month early while I still lived there" will that be invalid in court or help me out since not correct and by law she was to provide accurate report of apt when moved out?? She claims 1,000 in damages the only thing wrong there was I left it the way I found it, just not steam cleaned and that's it??

Please help with any comments thanks!

Charlie
Miami

 

[TazTaz2T]

You only need to Sweep clean when vacating,unless you had writtings otherwise.

If you have pictures and can prove the dates are on move out with NO damages, don't worry. Normal wear and tear is-not damage.

As for the date on the walk through,lots of people mistakingly write the wrong month,especially,if it's near the other.
If it technically legally makes a diff. I dont know.

You should not owe rent,or if you paid, should be able to get it refunded,FROM the dt. the Health code violation was documented,or earlier If you yourself can prove the problem existed.

Unless the landlord can prove substancial or clear Damage,in lite of the health problem,a Judge will usually side with the tenant in these cases.( especially if the landlord made insufficiant attempts to rectify the health problem(s) .

 

[TJI]

What Do You Think?

Thanks I'm just trying to decide on what to do since I live out of state from where the small claims will take place if it's wotth it to go or just to pay her even though I know I can win.

She's actually trying to summons me but she doesn't know where I live so there may not be a court date anyway.

 

[TazTaz2T]

I'm going to Small claims next week in defense of my former unhealthy dwelling

That was in your first thread ? You should be carefull. It's possible the Court might consider proper Service if the Landlord,sent court papers to your Last Known Address.
Then If you don't send the court your proof of health code violations,or contact the court at all, The landlord could win by Default, and you could end up paying.

How do you know your going to court,if the landlord doesn't know where you live ?

 

[TJI]

Because

She left me a Voicemail regarding there being a court date set up but the courts have no record of it?

They by law have to summons me in person but since I am out of state due to a new job they can't follow thru because of me not being notified. The court person told me THEY have to deliver to me in person and I did not leave any addrs for my landlord to contact me with.

 

[TazTaz2T]

I'm going to Small claims next week in defense of my former unhealthy dwelling [ QUOTE ].

So your not going to court. Unless she can track you down and have you served, why worry !! ( : o ) >