D
dina1
Guest
Today, I received a call from an attorney, I spoke with, that is in a firm that I used for an auto accident (not my fault). She gave me some suggestions that my attorney didn't know about. RE 7 day notice to evict for not paying late fee. Breach of contract. They did pay it last month. Now this month I sent 7 day notice to evict re not allowing me in for inspection with proper notice. Then today I posted 3day notice for non payment, plus I sent it certified. Well back to the call. She told me their public defender called her to say. They will leave with me giving the security back, last months rent and nothing in their credit report or to any other agency. I said " I will give back only last month's rent minus the electric and H20 that is already past due( not to include the electric & H20 they have used since the meters were read). I will not give back the security deposit and they have to be out in 3 days. Otherwise, pay up or I will cont. eviction. One side says give it all back and be done with them. The other says why should they get away scot free and do this to some one else. I know I can't save the world. And after the eviction is in the court I will go down to the police station with the letters and see about the FS836 criminal (threats and extortion). I also spoke my first attorney(the one I have paid this far) She said she is not comfortable with the 7 day notices for beach of contract and how they would hold up in court. ($40.00 late fee, and not allowing me in) I tried to explain that if they don't pay the late fee again FS83.56 says if this same conduct is repeated in a 12month period then tenancy is subject to termination without notice. She still wasn't sure how it would hold up? Any opinions? I said but if I were to go to court and show all of this wouldn't it make my case stronger. She said sometimes it muddies the water?