3 day notice florida

[cynbkrpt]

Thanks, dingdong. I called legal aid since I've been working w/them on the foreclosure thing. The attorney said harassment is a broad charge, etc. Also, to answer the complaint where I live you have to post the rent in the court registry and the judge can award it to him anyways.

[dingdong]

OK, lets get technical? Did your 3 day notice ask for payment of rent or quit?

Did the three day notice ask for only rent, or did it ask for late fees, or more than you owed?

Was it properly filled out, with the LL address and place to make payment?

Also, do you have any documentation of the foreclosure notices? Have you checked your county recorders office to find any Notice of Default or trustee sale date?

[cynbkrpt]

It is improper because it asks for $25.00 per day late fees and late fees are not defined as rent in my lease. I can show you exactly what he used..he got it off the internet:

http://www.docstoc.com/docs/278330/Notice-Rent-Due-10dayspdf

Except he changed the days to 10 and upped the court fees. I have the foreclosure papers that were served to me. The notice to quit does include his name, address, and phone number.

[dingdong]

I know in the state where I live, California. Three day notices must only demand rent and not late fees.

You may be able to answer the complaint stating the 3 day notice is defective and he would have to start all over again.

You are in FLorida?

Here it is an affirmative defense to the UD action, if he intends to go that far.

Sounds a bit to me that he is bluffing just to get you to pay.

You need to look up the laws on eviction in your state and see if a defective three day notice is an affirmative defense to a UD action ( Unlawful Detainer)

[dingdong]

By the way, do you have a definitive date that the home will be foreclosed on?

This would really be helpful to know.

If the foreclosure date is looming near, the more unlikely it is that the LL will do anything.

When does the house go to auction?

Do you have a large deposit?

Perhaps you could persuade the LL to use your deposit as last months rent, but get it in writing.

Telll him you are worried that you won't receive the deposit back, since he isn't paying the mortgage and perhaps he will be a bit more leniant.

He most likely wont give it back anyway if you skip your last months rent, might save you the trouble of having to go to court or deal with an eviction.

[cynbkrpt]

dingdong, thank you again for your help! The house goes to auction in about 4 weeks. I would have tried to work things out regarding partial payment and him keeping the deposit for rent but he is desperate for money right now and wouldn't agree. That's why he's hounding me. He has admitted he cannot keep this home as he owes about 40,000 more on it than it is currently worth and cannot refinance it. As an investment property he has no real recourse other than pay or refi.

So in short..he won't give back the deposit nor accept it as the rent for this current month. He's advertising the house for rent starting in January (a few days before the sale) on craigslist. I will see what today holds since it's the day he can actually file the papers for the court procedure.

[shabam]

cynbkrpt keep up the good work. The guy has no leverage and is playing a game of chicken with you.

Personally speaking (only my opinion), I would demand he either give you the deposit back or that he write up a notarized promissory note stating he will give you your deposit back once you leave. Otherwise why would you continue paying any rent considering that if he loses the place, you will be evicted as well as lose your deposit.

I would ask him, what guarantee (on paper and notarized) can he give you that this will not happen. He obviously will say none, which is the point.

[shabam]

It also pisses me off that renters have little to no protection. Much like what started this credit crisis in the first place, the people with the leverage who caused the problem can walk away with millions and billions while everyone else is left to clean up the financial mess or suffer the consequences. There are not too many developed countries out there were a landlord can do as they please while the renters are basically pawns.

[dingdong]

I think he is just bluffing.

That doc you posted doesn't look like a proper 3 day notice.

Usually three day notices are direct and to the point

Pay me in three days or move
This is the amount of rent you owe me. ( No late fees can be included)

This is the place to pay me at. ( His address)

The notice you provided is defective in Florida.

I bet if you were served with a UD complaint, the court would throw it out based on,

1) You have a place to live on Jan 3rd, so possession is not an issue after that point.

2) You have a deposit , that is most likely equal to the last months rent

that you are at risk of losing.

3) The house will be foreclosed on in 4 weeks.

4) The three day notice is defective.


IS there anyything wrong with the property that makes the home uninhabitable?

Are there any repairs that need addressing.

Many times you can legally withhold rent if the LL won't repair something.
You would have to provide a notice in writing stating the problem and ask him to fix it and state your are withholding rent because of it.

This is also an affirmative defense to an eviction , if you document it properly.

Here is what I would do, Go down to the District Attorneys office, bring the notice of foreclosure, your rental agreement that shows your deposit amount and the new rental agreement you have for the property you are renting in Jan.

Tell them what the LL is doing, and that he is trying to rent the property again to another poor unsuspecting renter even though he is going to lose the house.

They may be able to make a phone call to the LL, put a little pressure on him to work with you.

IF that doesn't work, and you are seriously considering filing BK for other, legitimate reasons and he does serve you with a UD complaint, then maybe you might think about filing.

I would use filing BK as the very last recourse unless you really need to do it.

I think he is bluffing. It will cost him way more to go through with a legal eviction, and honestly for what? He can't rent it again once the bank takes it back and he is opening himself up to a lawsuit if he does, becasue he cannot legally rent a property he does not own.


By the time the UD complaint gets set for hearing you should be out anyway.
There are probably a couple of court holidays for Christmas, so calendering the case may not happen until after Jan anyway, plus I bet the courts in Florida are busy with all the foreclosures going on there.

The case would most likely be dismissed, because as I mentioned before, UD complaints are for possesion and possession is not an issue when you have already moved on Jan 3rd.

IF you do end up going to court , I believe a judge would be pretty sympathetic to your side and rule in your favor.

What a weenie,

I will try and check Florida laws and see if you can Demurr, without posting a rent bond. You would only need to do that if he files a UD complaint.

Is there a university with a law school near you?

Many times they will take pro-bono cases for students to work on.

Check it out, that might be a low cost option for you.

[cynbkrpt]

He gets offended when I bring up the foreclosure as if it is none of my business. His personal home is not in foreclosure (not that I wish that for him). I am extremely ticked off about him calling the police..that I cannot forgive because he knows I am struggling with my ex about custody and I did not need any more problems from him.

I am going to call a tenant's rights attorney today. Legal aid said there is a lot of talk of my situation and something will be done sooner rather than later about landlords who do this. I know that he is misrepresenting the houses that ARE in foreclosure already when he rents them. I think those people might have some legal recourse.

Thank you for your support.

[cynbkrpt]

I think he is just bluffing.

That doc you posted doesn't look like a proper 3 day notice.

Usually three day notices are direct and to the point

Pay me in three days or move
This is the amount of rent you owe me. ( No late fees can be included)

This is the place to pay me at. ( His address)

The notice you provided is defective in Florida.

I bet if you were served with a UD complaint, the court would throw it out based on,

1) You have a place to live on Jan 3rd, so possession is not an issue after that point.

2) You have a deposit , that is most likely equal to the last months rent

that you are at risk of losing.

3) The house will be foreclosed on in 4 weeks.

4) The three day notice is defective.


IS there anyything wrong with the property that makes the home uninhabitable?

Are there any repairs that need addressing.

Many times you can legally withhold rent if the LL won't repair something.
You would have to provide a notice in writing stating the problem and ask him to fix it and state your are withholding rent because of it.

This is also an affirmative defense to an eviction , if you document it properly.

Here is what I would do, Go down to the District Attorneys office, bring the notice of foreclosure, your rental agreement that shows your deposit amount and the new rental agreement you have for the property you are renting in Jan.

Tell them what the LL is doing, and that he is trying to rent the property again to another poor unsuspecting renter even though he is going to lose the house.

They may be able to make a phone call to the LL, put a little pressure on him to work with you.

IF that doesn't work, and you are seriously considering filing BK for other, legitimate reasons and he does serve you with a UD complaint, then maybe you might think about filing.

I would use filing BK as the very last recourse unless you really need to do it.

I think he is bluffing. It will cost him way more to go through with a legal eviction, and honestly for what? He can't rent it again once the bank takes it back and he is opening himself up to a lawsuit if he does, becasue he cannot legally rent a property he does not own.


By the time the UD complaint gets set for hearing you should be out anyway.
There are probably a couple of court holidays for Christmas, so calendering the case may not happen until after Jan anyway, plus I bet the courts in Florida are busy with all the foreclosures going on there.

The case would most likely be dismissed, because as I mentioned before, UD complaints are for possesion and possession is not an issue when you have already moved on Jan 3rd.

IF you do end up going to court , I believe a judge would be pretty sympathetic to your side and rule in your favor.

What a weenie,

I will try and check Florida laws and see if you can Demurr, without posting a rent bond. You would only need to do that if he files a UD complaint.

Is there a university with a law school near you?

Many times they will take pro-bono cases for students to work on.

Check it out, that might be a low cost option for you.

I didn't see your post when I responded to the last one.

My steps today and tomorrow include:

1. calling the housing codes inspector to come check the wiring in the hallway and bathroom because both fixtures started smoking a few months ago and he never came to fix them. I sent the notice in writing, but via email and he never did anything. Also there are holes in the floor that have allowed access to the home for a roof rat. The holes lead directly to the crawlspace and are just the result of poor workmanship. I took pics of the holes & rat droppings as well as the fixtures.

2. I am keeping a blog about this and will publish it.

3. I put a general warning on craigslist about checking out individual landlords for foreclosure where he posts his rentals.

4. I hung copies of the foreclosure papers on the 3 most visible windows.

Thanks for your help, btw. This is one of those "can't believe people stoop so low" moments. He's a single man who claims to be independently wealthy...and I'm here just doing what I can to survive. Oh well!

[shabam]

He gets offended when I bring up the foreclosure as if it is none of my business. His personal home is not in foreclosure (not that I wish that for him). I am extremely ticked off about him calling the police..that I cannot forgive because he knows I am struggling with my ex about custody and I did not need any more problems from him.

I am going to call a tenant's rights attorney today. Legal aid said there is a lot of talk of my situation and something will be done sooner rather than later about landlords who do this. I know that he is misrepresenting the houses that ARE in foreclosure already when he rents them. I think those people might have some legal recourse.

Thank you for your support.

It sure is your business as if the place you live in is repossessed you will be evicted and will probably lose your deposit.

Which is why I would ask him to personally guarantee (in writing) that your deposit will be safe. I would also ask him whether he will pay for your moving costs if the place is repossessed and you are evicted. Obviously he will not do it but that goes to show why you are interested in the foreclosure.

[dingdong]

When you are all moved out and comfy in your new place, sue the bastard in small claims court for moving costs, cost of new deposits for utilities, and the amount remaining on your lease that he broke.

When you have been awarded, get a Sheriffs levy, place a lien on his house that is not in foreclosure, and if he has a business, you can get a court order for the judgement where they go in to his place of business and take any proceeds he has received for the day to pay your judgement untill it is paid off.

Also, call the local news media. Get an article in the paper about him or the local TV news and let everyone know what he did.

I am so sick of these (cussword) LL doing this to tenants! Especially when they aren't paying their mortgage and are not even trying to fix the issue but only trying to skim rent from tenants for selfish purposes.

I took me a lot of effort and heartache to deal with my nasty LL, but in the end I won, so keep at it and don't let him get away with it!

[cynbkrpt]

Quick update. I'm still here. No being served, nothing. He put a "for rent'" sign up, came by and it was gone. So he sent a text saying he was going to sue me for removing his property and have "his lawyer serve" and he would be showing the house today at a certain time. Well, I simply replied "I did not move it" and he never showed today.

I was so looking forward to being a helpful tenant today.

[dingdong]

Put a note on the door like I did.

It said.

I am a still a tenant in this property. If you tresspass, force entry or otherwise disturb my property without a writ for possession issued by the court on this property, or otherwise invade my quiet enjoyment of my home I will pursue any and all legal options available to me by the state of (insert state).

The evil LL took the note and I never heard from him again!