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The rent hasn't been paid, tenant won't put a trace on the rumored money order, equals "something fishy here".
OP, there are churches and charities that would give you $60 as a grant to help you prevent eviction.
Sorry, but your receipt for the money order has no value. Every housing court judge knows how you can buy a money order, spend it on something else, and then write the landlord'S name as payee on the receipt.
You claim you paid the rent. You are being evicted for not paying the rent. It's easy to prove that you paid the rent and that search could have been finished by now and the eviction stopped.
I think it's pretty reasonable to assume that if the OP's attorney thought it was absolutely critical for the money order to be traced now, she probably would have made sure the OP did it somehow. My guess is that either they're banking on the case being dismissed before it even gets to that point (most likely) and/or the OP's attorney is going to use it as a stalling tactic just to screw with the landlord a little bit, which I am all in favor of at this point.
IMO, there will never be any tracing of money orders by the OP. Because the OP never sent the landlord the rent. The landlord never got the rent because it was never sent to him.
Yes - there were some money orders. But they were used to pay for rent/security deposit at the new rental which the OP moved into at the end of July. She took copies of those money orders, but they will never be traced because they already have been cashed by her new landlord. She's faking the story about sending them to the old landlord, to buy some time.
She's flat broke and the only way she could move was to avoid paying July rent to the old landlord. And use July's rent money for the new apartment. The plan was to move out before eviction. But the plan backfired when the old landlord filed eviction quickly.
OP is lucky in this case because the landlord messed up a few times with technicalities. So the eviction will get thrown out.
But OP never paid rent for July. And, IMO, is fibbing about sending the money orders for July rent. This is why she has come up with excuses and delays about putting a trace on the money orders. It would be a waste of money to trace the money orders because she knows they were cashed by the new landlord(and never mailed to the old landlord). And there is no 'lost' money that would be refunded if the money orders were traced/refunded.
She had a past history of moving out while owing a prior landlord for unpaid rent 5 years prior, per her posts. That landlord never sued her for it, so she got away with it.
I fell for the OP's story about the money orders getting lost in the mail. What a tall tale it was.
Last edited by sware2cod; 08-08-2015 at 03:31 PM..
IMO, there will never be any tracing of money orders by the OP. Because the OP never sent the landlord the rent. The landlord never got the rent because it was never sent to him.
Yes - there were some money orders. But they were used to pay for rent/security deposit at the new rental which the OP moved into at the end of July. She took copies of those money orders, but they will never be traced because they already have been cashed by her new landlord. She's faking the story about sending them to the old landlord, to buy some time.
She's flat broke and the only way she could move was to avoid paying July rent to the old landlord. And use July's rent money for the new apartment. The plan was to move out before eviction. But the plan backfired when the old landlord filed eviction quickly.
OP is lucky in this case because the landlord messed up a few times with technicalities. So the eviction will get thrown out.
But OP never paid rent for July. And, IMO, is fibbing about sending the money orders for July rent. This is why she has come up with excuses and delays about putting a trace on the money orders. It would be a waste of money to trace the money orders because she knows they were cashed by the new landlord(and never mailed to the old landlord). And there is no 'lost' money that would be refunded if the money orders were traced/refunded.
She had a past history of moving out while owing a prior landlord for unpaid rent 5 years prior, per her posts. That landlord never sued her for it, so she got away with it.
I fell for the OP's story about the money orders getting lost in the mail. What a tall tale it was.
I don't agree. If the OP couldn't didn't pay the rent, they would stand to gain nothing from filing the motion to determine rent due. In that case, they would attack the screw ups in the filing. Also, if the court orders the money orders traced and it turns out the OP used them for something else the OP could get into substantial trouble. A pro se tenant might do something like that but her attorney would never go for it as it could get him/her in trouble with the Florida Bar Association.
I don't agree. If the OP couldn't didn't pay the rent, they would stand to gain nothing from filing the motion to determine rent due. In that case, they would attack the screw ups in the filing. Also, if the court orders the money orders traced and it turns out the OP used them for something else the OP could get into substantial trouble. A pro se tenant might do something like that but her attorney would never go for it as it could get him/her in trouble with the Florida Bar Association.
She filed to 'determine rent due' because, as of August 1st, she now has the money to pay back rent to the prior landlord. She didn't have that in July because she used that money to pay 1st month rent/security deposit at the new rental. So then when her SS money arrived 1st week of august, she now can pay the prior month's rent to the old landlord. That was the only way she could afford to move....to use the July rent that was due to the old landlord...and use it for the new rental.
The attorney doesn't know that the money orders are a big lie. The attorney is told the same story we see here. But the court won't force her to trace the money orders(if they did she would cry poor and delay and delay). And she's never going to do it. She'll cry poor just like she did here and will never come up with the $60 to trace the money orders - that will be the excuse for never doing the trace. She'll pay the back rent since she now has it as of August and case will be closed.
She's a very good story teller.
Last edited by sware2cod; 08-08-2015 at 05:01 PM..
She filed to 'determine rent due' because, as of August 1st, she now has the money to pay back rent to the prior landlord. She didn't have that in July because she used that money to pay 1st month rent/security deposit at the new rental. So then when her SS money arrived 1st week of august, she now can pay the prior month's rent to the old landlord. That was the only way she could afford to move....to use the July rent that was due to the old landlord...and use it for the new rental.
The attorney doesn't know that the money orders are a big lie. The attorney is told the same story we see here. But the court won't force her to trace the money orders(if they did she would cry poor and delay and delay). And she's never going to do it. She'll cry poor just like she did here and will never come up with the $60 to trace the money orders - that will be the excuse for never doing the trace. She'll pay the back rent since she now has it as of August and case will be closed.
She's a very good story teller.
That would still be more trouble than it was worth. If the OP has the money now she and her attorney could easily go to the landlord and say the money order was traced and never cashed, so she simply cancelled it and issued a new one pending the landlord agrees to dismiss the claim.
While I suppose it's possible that the OP is lying about all these things, I'm a big fan of Occam's Razor and that aligns more with the OP's story.
All this is more reason to check with both current landlord and prior landlord before accepting an applicant. If this tenant has pulled this at least twice, somebody knows. She might be involved in additional court filings that would be available to find at the county courthouse.
Much more pleasant to discover and reject her application than to let her in and then have to deal with the entire eviction.
Also, our other really unpleasant eviction of the wackadoodle lady that we have all been following here, the landlord who just got rid of her gave her a good reference to get rid of her. That's why the prior landlord should be checked.
On this thread, the landlord would be in a world of hurt if he had cashed the rent check and still filed for eviction. Thus, I suspect that the landlord never got his rent. That is easier to believe than the tenant paid rent but refuses to trace the check to prove that she paid it.
All this is more reason to check with both current landlord and prior landlord before accepting an applicant. If this tenant has pulled this at least twice, somebody knows. She might be involved in additional court filings that would be available to find at the county courthouse.
The OP mentioned a having a judgment against her in the past, but didn't say it was for an eviction.
Quote:
On this thread, the landlord would be in a world of hurt if he had cashed the rent check and still filed for eviction. Thus, I suspect that the landlord never got his rent. That is easier to believe than the tenant paid rent but refuses to trace the check to prove that she paid it.
We already know the landlord has lied about serving the pay or quit notice and claims to have served it before the rent was even delinquent, on top of not being in a capacity to file suit on behalf of the company that owns the house and is also apparently in frequent trouble with the local code enforcement.
Other than the sometimes absurd bias in this subforum, I fail to see how anyone can look at those facts and default to the position that the OP is the one screwing the landlord. None of them makes any real sense without performing some major mental gymnastics.
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