Threatening to evict

[Wolphe]

My family and I consist of me, my girlfriend, an 8 year old, 9 month old and 3 dogs (2 are pitbulls) living in Florida.

For the past 3 months we've been looking for another place to rent, as our home owner of the house we are renting is wanting to sell. We've offered to let her bring people to look at the house with at least a 24 hour notice, but the owner would rather the house be empty.

It has been difficult finding a place to rent with our dogs. So that left us with the option to buy a house of our own. For that to happen we need no more than 2 months to get everything done. Our lease in the house we are in now was a 2 year lease and ended in September of 2015. So we've been month to month. I haven't missed a rent payment at all.

On the 11th of this month April, Home owner sent a text message to vacate on the 20th. Is the text message a legitimate way of a notice? I responded we will be out by the end of the month. Just yesterday we text the home owner saying we have been trying very hard to look for a place to stay and the least we can do is continue to pay rent for the month of may.

The beginning of this month of April I wrote a check for rent (like every month) and the home owner hasn't cashed it yet. I had sent a text message asking if she got the check because my bank account shows she hasn't cashed it yet. She replied she hasn't cashed it. I have no proof of sending the check, but I have bank statement showing for 2 and a half years of checks being cashed late of every month. Could she be holding the check and say I haven't paid rent?

For the home owner to send a notice, does it have to be written and mailed or can a text message hold in court?

If they want to file for an eviction, they must mail a notice first. Is this correct? If so how long do I have at this point?

If they file for an eviction. What kind of response can I give to contest it, giving my current situation?

 

[FarmerJ]

Email is not a proper way to communicate nor is text messaging when it comes to landlord tenant issues , SO the LLs message to you > On the 11th of this month April, Home owner sent a text message to vacate on the 20th< has two things wrong with it , the number of days to be out and text messaging is not proper notice, IF this LL wants you out they must send to you proper notice on paper with a way that gives them a paper trail like say certified mail or confirmed mail delivery or both ways ( if they send notice via certified mail just so you know that not picking up certified mail or refusing to sign for it doesn't work since the LL can still take you to court and whats likely to happen is that a judge will have bailiff hand you the returned to the LL certified mail and still carry on with the eviction ) unless it has changed isn't Florida a 15 day notice state for month to month renters UNLESS your previous written lease required a longer notice to end the lease or to change something like say raising rent or move out notices (SO EXACTLY what does the old lease say about how much notice you were to give to move out ? ) If it said that you were to give a 30 day notice to vacate then that part is still valid and wont change meaning that the LL would have to do the same and give to you a 30 day notice. If push comes to shove even if you have to find temporary home for the dogs while you sort of camp out somewhere then do it because say your LL gets it right and gives you proper notice to get out that meets what your lease says and you overstay , then your LL can file to have the courts make you get out and that kind of thing could interfere with other credit related issues later on especially if you have to continue to rent for some time before buying a home.