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You do NOT, under any circumstances, want your landlord to file eviction with the court. Even if you move out before the court date, and even if he drops the case. Just him filing it goes into public record against you. Most future landlord will immediately deny you as soon as they see that on public record. They don't care if the mailman lost the check, or whether the case was dropped.
Seriously, you won't be able to un-do this once he files with the court. It will hurt you many years into the future. It might put you into horrible neighborhoods because you won't be able to rent in nice places because they automatically turn you down just because of the eviction filing.
Not that it helps the OP right now, but Florida is one of the states that is considering following the lead of Oregon and a couple others in instituting protections for tenants that win their eviction proceedings or have them dismissed. On a more anecdotal note, I've had an eviction filed against me before and won, and it's never seriously impaired my ability to rent.
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Originally Posted by oregonwoodsmoke
Incidentally, I've heard from landlords in Florida that evictions in Florida are swift.
Only if they are uncontested.
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Originally Posted by kassie99
He doesn't accept checks, so it was actually two money orders.
Do you have the receipt stub for the money orders?
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It will cost me $60 to trace the money orders, and it takes 6-8 weeks.
Says who? Who issued the money order? Was it a place like Amscot or a USPS money order?
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He says he has to "protect his property," whatever that means, since he admits I've been a good tenant.
He's an idiot.
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He's just being vindictive because of my turning him in to code enforcement months ago.
There's another defense you have.
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I have no intention of screwing him out of his money, but if he files eviction, I don't know what to do to mitigate that.
Fight him. If he wants to be a jerk, then you can respond in kind and really drag the process out.
First step is finding out what happened with the check or money order (really, really hope you didn't mail cash) and cancel and re-issue if necessary.
Well first, even if he issues the 3 day notice tomorrow, he wouldn't even be able to file the claim until Monday, the 13th, and then he would have to serve you. Even if he managed to serve you the same day he filed (extremely difficult but not impossible) your answer wouldn't be due until Monday, the 20th. Even if a default was issued it is unlikely that the eviction could be enforced until the following week.
Again, those are best case scenarios for him. Reasonably speaking it is going to take a day or two to line up the process server and actually have them out there. Since you'll have moved out by then, they'll have to make at least two attempts minimum to personally serve you before they can post the notice on the property, and then they must mail a copy of the summons to the property. You have 5 days from the dating of posting or mailing (whichever is later) before your answer is due.
If you mount a solid defense and know how to play the legal game, it's not impossible to drag the case out for a couple months.
That only applies if there is no dispute as to the rent being unpaid. If you allege that it has been paid and he alleges it hasn't (provided you have some form of proof as to your claim) that is an issue that court must decide at trial. You can also file a motion to determine the rent due (also could be useful in this case) which would require its own hearing and then with time being afforded to you to produce whatever money the court might decide you owe.
You have enough leverage to settle this on terms favorable to you.
Thanks so much. That gives me a lot of peace of mind. I just heard from a neighbor that he already has the house rented, and told them LAST WEEK they might be able to move in early. I'm telling you, he HAS those money orders and he's just doing this to punish me. I'm borrowing the $60 to trace the money orders, because they minute I put a trace on them, he can't cash them, and if he already has, I'll charge him with fraud and grand theft.
Thanks so much. That gives me a lot of peace of mind. I just heard from a neighbor that he already has the house rented, and told them LAST WEEK they might be able to move in early. I'm telling you, he HAS those money orders and he's just doing this to punish me. I'm borrowing the $60 to trace the money orders, because they minute I put a trace on them, he can't cash them, and if he already has, I'll charge him with fraud and grand theft.
You can't charge him with anything. You can make a police report, but in no way is this grand theft.
Does the landlord have a security deposit from you? If so, I suspect he may just withhold it for unpaid rent.
I don't understand this part, if you already paid it, why would you need time to pay it? And to file a response, just include the receipts from the money orders showing it's fully paid and you are vacating as agreed. Then as soon as you can, trace it. Let's hope he did cash it, then he's screwed.
Make multiple copies of the money orders and include copy instead of original.
Thanks so much. That gives me a lot of peace of mind. I just heard from a neighbor that he already has the house rented, and told them LAST WEEK they might be able to move in early. I'm telling you, he HAS those money orders and he's just doing this to punish me. I'm borrowing the $60 to trace the money orders, because they minute I put a trace on them, he can't cash them, and if he already has, I'll charge him with fraud and grand theft.
In that case, you really have him over a barrel as he could lose the next renter if he can't deliver the property to you because it's tied up in litigation.
ETA: I just talked to legal aid and they said the 5 days starts Monday, and they are going to take my case as an emergency. Thanks everyone for trying to help. I wish I had more money so I could just file the trace on the money orders, but unfortunately, I don't, so this won't be over until I can get that done and find out where the money went.
I'm reposting this here from a separate thread so I don't have to explain myself again.
My slumlord told me he was bringing someone to show the house to this morning, and instead, when I opened the door it was the Sheriff with eviction papers. Then I get an email saying his 8 a.m. appointment had to cancel.
He never posted or mailed me a 3-day notice at all, so this eviction was filed illegally, not that that surprises me. I truly believe he is lying about not receiving the rent. I think he has someone else in mind for this house and wants me out early.
I'm moving next Saturday, the 18th. When does my 5 days start to be able to file a response? I was served at 7:30 this morning. I want to file my response as late as possible to give me time to move on Saturday.
Also, do I have to let him show the house between now and Saturday? My lease says he can, but when I was served, I immediately sent him an email telling him that he was not to bring anyone over to see the house before I vacated it on the 18th, and if he did, I would not let them in, and I would tell them the truth about him, the serious plumbing problems in the house, and the neighborhood. I was trying to be nice, and told him I would let him show the house and not say anything negative, because I figured since I had not gotten a 3-day notice that I was not being evicted, but this changes everything.
I worked my tail off yesterday cleaning and straightening this house so he could show it, which is difficult with boxes sitting everywhere. He actually wanted to bring 4 people over today. I am so angry, I could spit nails.
Also, one paper - a summons - says I have 20 days to respond and the eviction summons says 5 days. The second paper is to collect the damages. That is the one that says 20 days.
All I want is to be able to stay here until next Saturday.
If legal aid is taking your case, shouldn't they be the ones filing the answer for you? Did they ask you to file the answer and they would step in later? Need clarification there. If he didn't file the 3 day notice then a simple motion to dismiss will solve that problem and he will have to go back and start all over.
If you were served today, your answer is due on 1/17 (next Friday).
If legal aid is taking your case, shouldn't they be the ones filing the answer for you? Did they ask you to file the answer and they would step in later? Need clarification there. If he didn't file the 3 day notice then a simple motion to dismiss will solve that problem and he will have to go back and start all over.
If you were served today, your answer is due on 1/17 (next Friday).
I haven't actually talked to an attorney from there yet. I suppose they will be doing it, but don't know right now. Yes, a Motion to Dismiss seems right, but it's a he-said, she-said, since he attached a 3-day notice dated the 1st to the paperwork saying it was hand-delivered. I hadn't received one as of the 6th, when I called him to find out if he had received the rent. After listening to his screaming, cursing tirade, I informed him that he needed to serve me with a 3-day notice first, and he said "I'm well aware of the process," and hung up on me. I started checking my front and back doors and mail every day for the notice, and never received one. He was actually here on the first to pick up mail that had come here for him, and he did not hand me one at that time, but said he would wait to see if the money came after the holidays.
After talking to him on the 6th and never receiving the 3-day notice, I assumed he had finally received the money, then this came today.
I would still speak to your attorney about it and the potential for a motion to dismiss. At the very least it'll force the scheduling of a hearing on that motion (separate from the hearing on the actual eviction) which your attorney could question the landlord under oath and if it's revealed that he lied about giving you that 3 day notice, he could potential be charged with perjury.
I would still speak to your attorney about it and the potential for a motion to dismiss. At the very least it'll force the scheduling of a hearing on that motion (separate from the hearing on the actual eviction) which your attorney could question the landlord under oath and if it's revealed that he lied about giving you that 3 day notice, he could potential be charged with perjury.
He didn't even fill out the 3-day notice correctly. He put that it was delivered on the first and then also put that the day I had to comply by was the first (instead of the 4th), so it's invalid anyway.
I'm going to tell the attorney everything. The screener said I qualified and would be put through as an emergency. Even so, I doubt I'll hear back before Monday.
He's always really professional in emails, but on the phone, he's a raving lunatic who scares the hell out of me. He has a violent criminal past - served 5 years for armed robbery - and has a huge panther tattoo on his arm, so he is or was a Black Panther. He obviously has no trouble breaking the law, as evidenced by all the illegal electrical and plumbing work done on this house and now this false 3-day notice. I may try to get a restraining order against him until I can get out to keep him from coming in here if I'm not home.
My neighbor, who has known my landlord for a long time, says that my landlord hasn't changed his ways, he's just found out how not to get caught, and that I have a right to be afraid of him.
This is insane! I have lupus, and I'm so stressed out that my lupus is flaring llike crazy. I'm too old for this.
Well, at least it's only another week and I'll be gone from here. Any ideas how I can keep him from knowing where I'm moving to? He isn't going to give me my deposit back, and right now, I'd just as soon give it up as have to let him know where I am.
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