Thank you dingdong. The mail just came and I got a summons by regular us mail giving me 5 days to respond. WTH? I thought they had to be "served" to me by either a sheriff or a process server?
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That is called the Post and Nail method or nail and mail.
They can serve you that way in California, but it has to include two notices, one on your door and one in the mail. Not sure about Florida.
Can you check the Florida code and see if you can demurr?
I know in CA, you can, not sure about Florida.
You might just have to answer the complaint, but you should be able to answer that the 3 day notice is defective , given the late fees included in the notice.
I remember you said in Fl you have to post a rent bond with the court. Can you find out if you have to post rent with the court if you have an affirmative defense to the complaint?
How about calling your new LL and see if you can move in to the new place early.
Sucks that you only have a couple of weeks until you can move in to the new place.
Don't just let the complaint go unanswered, you can end up with a judgement.
HAve you filed BK?
IF you have , you need to get the Notice of Stay to the court house right away.
It would probably take a while for the LL to get a motion for relief to proceed with the eviction and then you would probably be out and have the case dismissed.
Again I am not up to date on FL law, nor am I an attorney.Comment
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I just found this:
4. Allegation Plaintiff has no standing: Where tenant alleged that the Plaintiff did not have standing to file the eviction suit the tenant was not required to post rent in the court registry. In Poole v. Patrick, 6 Fla.L.Weekly Supp 257 (12th Cir App 1999) Lease was with Mrs. Patrick, 3 day issued by Mrs. Patrick, eviction complaint filed in the name of Mr. Patrick.
I am not sure if a defective 3 day will give you standing not to post rent, but it may. You should do some research and find out.
I will try and find more info, but I have my kidds, Xmas pageant tonight, so I don't have a lot of time this evening.Comment
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Thank you, dingdong.
I understand you're just giving a bit of advice. I do have to post the rent in my county if I have a defense other than "I have already paid". I can't move just yet because another family has until the 1st to be out..cleaning the 2nd..me in on the 3rd. I have to answer the complaint or file bk.
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Did you contact the housing authority about needed repairs before you received the Three DAy Notice?Comment
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