Landlord Attempting to Evict Me -- Florida Resident

This is a discussion on Landlord Attempting to Evict Me -- Florida Resident within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Florida Resident Hello and thank you in advance for reading. I live in a unit in Florida of which I ...

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Old Dec 12th, 2011, 06:40 PM   #1
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Confused Landlord Attempting to Evict Me -- Florida Resident

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Hello and thank you in advance for reading. I live in a unit in Florida of which I have no lease and have been on a short-term cash receipt deal with the LL. I have found several letters including one addressed to unknown tenant of a "Lis Pendens" on the house. When I contacted the attorney for the Plantiff (Chase Bank) they informed me that suit had been dropped but another was filed in its place. I gave him money for the electric (in his name) and he gave me the newest statement with the previous balance still unpaid from the prior month when I had paid him. He informed me I should not speak to the neighbors who is the President of the Board at the community. After the letter I did speak to him to know what was going on and where I stood. He told the Association I was a family member and not paying rent which is false. He owes over 13k in fees and dues to the Association that he has not paid. I guess the Association told their lawyer about it and my LL has left furious messages telling me I need to be out by the 15th which is the last day of rent I have paid him for this month and today is the 12th.

My question is do I have to leave by the 15th? If I don't and he files something do I have any defense of the short term nature of this eviction? Can I get it removed from my permanent record if he does file it? I have no problems leaving I just can't do it within 3 days, it's unrealistic and I'm studying for finals for my degrees in college as I write this. I graduate in 5 days and have family coming to visit for it. I have done nothing wrong and paid him on time for everything. I am in a crappy spot but like I said I can move out by Xmas for sure. Also does my potential testimony help the Association and can I use that as leverage to stay for the time needed? I hope he is a hothead about it and does not go the legal route and simply tries to come change the locks. He has advised me I will not be allowed into the house on the 15th yet I have received no legal notice of eviction. If he does that I can sue correct? I saw it on a statue web page for Florida. Please help, your response would be greatly appreciated.

Thank you,
A struggling College Graduate.
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Old Dec 12th, 2011, 08:05 PM   #2
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Default re: Landlord Attempting to Evict Me -- Florida Resident

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Florida Resident
Hello and thank you in advance for reading. I live in a unit in Florida of which I have no lease and have been on a short-term cash receipt deal with the LL. I have found several letters including one addressed to unknown tenant of a "Lis Pendens" on the house. When I contacted the attorney for the Plantiff (Chase Bank) they informed me that suit had been dropped but another was filed in its place. I gave him money for the electric (in his name) and he gave me the newest statement with the previous balance still unpaid from the prior month when I had paid him. He informed me I should not speak to the neighbors who is the President of the Board at the community. After the letter I did speak to him to know what was going on and where I stood. He told the Association I was a family member and not paying rent which is false. He owes over 13k in fees and dues to the Association that he has not paid. I guess the Association told their lawyer about it and my LL has left furious messages telling me I need to be out by the 15th which is the last day of rent I have paid him for this month and today is the 12th.

My question is do I have to leave by the 15th? If I don't and he files something do I have any defense of the short term nature of this eviction? Can I get it removed from my permanent record if he does file it? I have no problems leaving I just can't do it within 3 days, it's unrealistic and I'm studying for finals for my degrees in college as I write this. I graduate in 5 days and have family coming to visit for it. I have done nothing wrong and paid him on time for everything. I am in a crappy spot but like I said I can move out by Xmas for sure. Also does my potential testimony help the Association and can I use that as leverage to stay for the time needed? I hope he is a hothead about it and does not go the legal route and simply tries to come change the locks. He has advised me I will not be allowed into the house on the 15th yet I have received no legal notice of eviction. If he does that I can sue correct? I saw it on a statue web page for Florida. Please help, your response would be greatly appreciated.

Thank you,
A struggling College Graduate.
"Lis Pendens" is not a name but a Latin legal term for "Suit pending". It is usually used in cases where the ownership of real property is in question, and I would venture that if the bank has filed suit, then they may be trying to take back the property from the alleged owner.

You do not have to do anything until such time as you are properly served with eviction papers. A verbal notice to vacate is not sufficient in the state of Florida. I would also hope that you have a written receipt of monies you paid to rent the place, as the LL could serve you with a 3-day notice to Pay or Quit if you can't prove that you have paid.

The LL CANNOT legally change locks, disconnect utilities (whether or not in their name), remove your property, or do anything to force you out of the property without a properly issued court order. That can only be obtained after the LL or legal owner has filed a formal eviction against you.

You should also be aware that the Association can have you evicted for your LLs failure to pay their HOA dues. This was a recent decision that applies only in Florida, and is a tool used to prevent LLs from collecting rent from tenants and not paying their dues. In such a case, YOU can pay the past due HOA fees and legally deduct these amounts from any rent you pay.

Read more about that here: Condo Associations Put 'Hammer' Down on Renters | Sunshine State News
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Old Dec 13th, 2011, 07:48 AM   #3
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Default Re: Landlord Attempting to Evict Me -- Florida Resident

Your landlord is under foreclosure, either by the lender on his first mortgage or the Homeowner's Association for all the back fees he has not paid. That is what the 'lis pendens' is notice of -- it is filed when an action is filed affecting title.

The 3 day notice has no legal effect on forcing you to move. It will take court action to do that and it is unlikely that anything can be scheduled before Christmas, anyway. The previous answers address the law in Florida well.
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Old Jul 8th, 2013, 06:37 PM   #4
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Unhappy Re: Landlord Attempting to Evict Me -- Florida Resident

I recently let a friend move in with me because she was homeless with 2 kids and no where to go, I lost my employment and am unable to pay rent. She did not make any payment to any utilities or rent while living here. I gave her notice (spoken) on May 1st when i lost my job that she needed to find a place to go. She is not on the lease and papers have been signed July 5th by me stating I would have everything out of the place and move out. She has been gone for a month yet her things are still here. She is now threatening me stating I cant do anything with her things. I have given her ample opportunity to get her things and she still posses one of my keys to my place. I extended my hand to help a friend in need and now it is backfiring and stabbing me in the back. I have facebook messages and text messages with her agreeing to get her things out June1st and yet it is July 8th and still nothing. i have to vacate the premises before July 30th, what can i do in my power? She is not on the lease and has not been here for over a month now. When I move my things am I able to do anything with her things? IE leave outside, trash, etc? If anyone can help me with this issue it would be very beneficial.

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