Landlord Falsifies Court Docs??

[Aqualung]

My question involves criminal law for the state of: FL

My Landlord served a 3 Day Notice (to pay or leave the rental premises) in person using the paperwork supplied by Collier County. We had sent the rent payment. He had claimed to have not received the check. We have a written lease, we replaced the lost check with certified funds.

In a meeting with him during the 3 Day Notification period, he divulged that he never filed the 3 Day Notice in Collier Cty Court. He admitted to attempting to force us to sign a new lease much more favorable than the one (still) in existence using 3 Day paperwork as a means to do so. His wife who is co-owner and not on the lease felt he had made a bad deal. For the past 60 days she has been attempting to force us to sign a new lease with threats of court action if we did not.

Two questions. What crimes have they committed and am I required to inform Collier County law enforcement of these crimes?

 

[seniorjudge]

Q: Two questions. What crimes have they committed and am I required to inform Collier County law enforcement of these crimes?

A: This site says:

Before filing a Complaint to recover possession, a landlord must serve a Three-Day Notice demanding payment of rent or possession of the premises within three (3) days (excluding Saturday, Sunday, and legal holidays) after the date of delivery of notice. After the expiration time on the service of the Three-Day Notice you may proceed with filing the Complaint for Eviction. (Remember how we count the days.)

http://rhol.com/csu/evictions/Florida/FloridaSteps.htm

Is this what you got?

http://rhol.com/csu/evictions/Florida/FL%203%20day%20notice.PDF

Are you saying you got the notice and then y'all started negotiating?

I don't see what crimes you are talking about.

Explain more.

 

[Aqualung]

Thanks for the quick response, yes, I received that form with the words printed at the top "ORIGINAL TO COURTHOUSE/COPY TO TENANT" Problem is, landlord never gave the original to the Courthouse which we did not discover until he admitted the same. He wanted a new lease and, in my opinion, used this document to attempt to coerce us into signing one. We did not.

I am wondering since I am of knowledge of this am I under an obligation to notify any law enforcement of this (supposedly) illegal act. Can one really use official docs, claim to have filed an action to induce and influence people?

 

[seniorjudge]

...

I am wondering since I am of knowledge of this am I under an obligation to notify any law enforcement of this (supposedly) illegal act. Can one really use official docs, claim to have filed an action to induce and influence people?

...

The law says to serve it before it is filed.

Maybe he changed his mind.

I can't see any crimes

 

[Aqualung]

The law says to serve it before it is filed.

Maybe he changed his mind. I can't see any crimes

When he handed us the 3 Day Notice, he claimed to have just come from the courthouse where he deposited the original. This was false.

If I had known he had not deposited the original, it would have been an entirely different set of circumstances. Until he does, the action for termination of the lease and eviction does not start. The LL is very well aware of what he was doing as he works with real estate layers daily. He can hardly claim innocence.

In FL, there are so few cases where a Tenant does not get evicted, includingwhen he has properly tendered rent. This the LL also knows. In effect, if your LL is holding a personal check or certified funds, you still have to pay into the registry of the court the rent that is claimed "due". Now the LL has two month's rent, how many can afford that, we cannot.

In short, his intentions were clear, he clearly and purposefully deceived us ti coerce and influence. He admitted he lied about depositing the original.

I suppose I should simply tell the FloridaBI and see what happens.

 

[BL]

So , you paid the rent that was due .

You did not sign a new lease .

You believe he has two months worth of rent , because you paid twice .

If in fact he has two months rent ( verify this ) , then simply let it be applied to next months rent ( if he won't return one months worth ), then pay your rent on time that is verifiable ( preferably hand it to him and get a receipt ) .

 

[Aqualung]

Thanks but not the point in question.

 

[BL]

Thanks but not the point in question.

Ok then .

Two questions.

What crimes have they committed

None .

and am I required to inform Collier County law enforcement of these crimes?

No.

 

[Aqualung]

Any attorneys in the house?

 

[tranquility]

Crimes? No, no crimes.

Incorrect? I don't think so, but more facts would be needed.

However, any tenant who thinks the landlord has committed a *crime* in a notice to quit or pay rent, is not going to be a tenant of the landlord for long.

Plan accordingly.

 

[BL]

My question involves criminal law for the state of: FL

My Landlord served a 3 Day Notice (to pay or leave the rental premises) in person using the paperwork supplied by Collier County.

OK

We had sent the rent payment. He had claimed to have not received the check. We have a written lease, we replaced the lost check with certified funds.

OK

In a meeting with him during the 3 Day Notification period, he divulged that he never filed the 3 Day Notice in Collier Cty Court.

He never filed it with the court , understood .

He admitted to attempting to force us to sign a new lease much more favorable than the one (still) in existence using 3 Day paperwork as a means to do so.

He attempted to , and you didn't fall for it , ok.

His wife who is co-owner and not on the lease felt he had made a bad deal.

The wife could feel anything she wants .

For the past 60 days she has been attempting to force us to sign a new lease with threats of court action if we did not.

Attempting again .

Two questions.

What crimes have they committed

Maybe I can elaborate on my prior answer , NONE .

A) He did not file the papers with the court .
B) He could give you a 3 days notice on a piece of toilet paper , and because it wasn't properly done , his actions mean squat . Just pure bunch of nonsense .
C) A legal document that could become a crime , usually states on the document , that by falsifying and submitting the document states so . ( something to that effect ) .

and am I required to inform Collier County law enforcement of these crimes . ?

Why would you be required to ?

Who's the troll and who's the nut ?

you can also say bye bye to the site , and find your answers elsewhere ?

Note: The poster deleted his derogatory post to tranquility and this site's members , and was reported .

 

[Aqualung]

Who's the troll and who's the nut ?
you can also say bye bye to the site , and find your answers elsewhere ?

Yeah, what a great loss that would be losing this forum.
I got soooooooooo much from it. See below, Troll.

 

[Aqualung]

Here's a "heads up" for the drunks n troll wannabe attorneys. And for those who might read this thread in the future, correcting the bad and non-advice given.

Just off the phone with a former City Attorney. It is against the law to use fraud, intimidation or coercion to try and get a tenant to vacate in Florida. In my example, the landlord falsely implied that we will have to answer the # Day notice sent he claimed to have deposited the original with the courthouse. The landlord will be guilty of harassment. Why?

Giving a “3-day notice” or other eviction notice that’s based on false charges, where the landlord does not intend to take the case to court is clear and simple tenant harassment.

Each separate violation of the Tenant Harassment ordinance may be either a criminal misdemeanor (with up to six months in jail plus a $1,000 fine), or a civil violation (subject to injunction, $1,000 fine, attorneys’ fees and possible punitives.

Using lies or intimidation are fraudulent actions.

<eom>

I'm off to the CA's office on Monday, no way am I going to know this information and then be as guilty as the LL is for not telling the appropriate legal agencies of this crime.