Tennant Rights

[greeng8r]

I have had numerous problems with my landlord showing up at my home without consent. She had also entered the property without consent, even once while i was in the shower. I came out to find her walking in the front door that was locked.

Recently i recieved a summons for non-payment, can she rufuse to accept a check as payment of rent? She has the check but won't deposit it. For the past 3 months she has been trying to force me out of the home, due to the fact that shewant to sell the property, i have a written lease that is not up for another 4 months. should i consult an attorney on this? and where would i be able to find online information on Florida law regarding this matter?

Thanks
Green


Thanks for the help tracy, i will be consulting with an atty on monday, i'll let you know what the outcome is, thanks again


Green

[This message has been edited by greeng8r (edited July 08, 2000).]

 

[Tracey]

Cool! File an answer & counterclaim, alleging that you paid the rent by check #xxxx, she received the check, & has refused to deposit it. By doing so, she has given you a lovely gift of a free month's rent. Wasn't that nice of her?

Also counterclaim for filing a bad faith eviction action when she knew you were not in default of rent, & counterclaim for damages for abuse of access & retaliatory eviction. Request attorney's fees under 83.48. She has breached the lease by not depositing the check. [83.44 Duty to act in good faith] She has abused her right of access under 83.53 (12 hours notice except in emergency). L's conduct is retaliatory because she is trying to evict you in bad faith because you refuse to leave before your lease expires so she can sell the house. [83.64] Request attorney's fees + costs + damages + punitive damages. If you have any proof of L's actions, start gathering it. Even friends who can testify that you complained about her conduct to them 3 months ago (before you had any reason to fabricate lies) would be helpful. (It's admissible hearsay to rebut an allegation that you are making stuff up in court to avoid eviction.)

You MUST file your answer & raise all defenses & counterclaims within 5 business days of receiving the summons, or you have wiaved all defenses & counterclaims other than payment. [83.60(2)] (You haven't waived them forever; you'll just have to sue L on your own separately.)

You can find all these laws in Title VI, Chapter 83 of the Florida Code. It's online here: http://www.leg.state.fl.us/citizen/documents/stat utes/StatuteBrowser99/index.cfm?Mode=Display_Statute&URL=Ch0083/titl0083.htm


Since she's going to end up paying your attorney, feel free to consult one.

Have fun!

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited July 07, 2000).]

 

[loudrich]

Your lease is your lease.....period.

She cannot force you out before hand if she wants you to leave tell her to PAY YOU TO MOVE....

Also do not pay your last months rent..use the security for that, you know she will NEVER send it to you....

Also if she does sell the house before your lease is up...you have a LEGAL RIGHT to attend the closing and present to her attorney a request that she pay you for your security deposit of have the new owner acknowledge he owes it to you....

boy that will scare her good!
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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by greeng8r:
I have had numerous problems with my landlord showing up at my home without consent. She had also entered the property without consent, even once while i was in the shower. I came out to find her walking in the front door that was locked.

Recently i recieved a summons for non-payment, can she rufuse to accept a check as payment of rent? She has the check but won't deposit it. For the past 3 months she has been trying to force me out of the home, due to the fact that shewant to sell the property, i have a written lease that is not up for another 4 months. should i consult an attorney on this? and where would i be able to find online information on Florida law regarding this matter?

Thanks
Green<HR></BLOCKQUOTE>

 

[Tracey]

Rich, no state allows a tenant not to pay the last month's rent just because they have a security deposit on file. When one of my tenants tries that, I file an eviction action against him/her. Then I get the rent + costs + attorney's fees. That security deposit trick you advocate just exposes a tenant to an extra $400 for the eviction....

Tenants have to pay the rent, then sue when L doesn't return the deposit. This is almost always to T's benefit, since T gets double or triple damages when L unlawfully retains the deposit, UNLESS T owed rent.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[loudrich]

I agree Tracy....under most conditions, but when you have a BAD landlord......and you have reasonable suspicion they will not return your deposit, and they are selling the house, or you are moving out of the area, thats different....

But I advise people if they have a bad landlord and the place is sold to attend the closing and presnet their request for the return of the security deposit....

Remember we are dealing ONLY with a bad landlord, someone who has proven not to be trustworthy.

And ALWAYS take lots of pictures when you leave buy 2 or 3 of those diposable ones and make extra copies...in case the Bad Landlord wants to sue you...what damages? heres is the pictures your honor!



<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
Rich, no state allows a tenant not to pay the last month's rent just because they have a security deposit on file. When one of my tenants tries that, I file an eviction action against him/her. Then I get the rent + costs + attorney's fees. That security deposit trick you advocate just exposes a tenant to an extra $400 for the eviction....

Tenants have to pay the rent, then sue when L doesn't return the deposit. This is almost always to T's benefit, since T gets double or triple damages when L unlawfully retains the deposit, UNLESS T owed rent.
<HR></BLOCKQUOTE>