How long does eviction take in FL? (lawsuits, pay, property)
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I'm going to stop posting here. He just filed a motion to amend the complaint to include thousands of dollars in damages I'm not responsible for. This man is pure evil. I will let the lawyer handle it from here on out. Thanks for all your help, but I'm obviously dealing with an unstable person who just wants to punish me.
I'm going to stop posting here. He just filed a motion to amend the complaint to include thousands of dollars in damages I'm not responsible for. This man is pure evil. I will let the lawyer handle it from here on out. Thanks for all your help, but I'm obviously dealing with an unstable person who just wants to punish me.
Please keep us updated on what's going on though.
Also, did your lawyer file the motion to dismiss? Has a hearing been scheduled to hear the motion to dismiss?
Kassie, hang tough. I know that is easier said than done but it is important that you stay strong. If he is charging for things that are not damage or things that you did not cause then the judge will see that. Plus you said you had tons of pics to support your case. Sometimes, all it takes is one serious enough slip up on LL's part to throw the whole case out plus award you damages. And if he is doing all of this purely because of spite and anger then he most likely is making things up and it will backfire on him. So, you never know.
Many of us are rooting for you. Please keep us posted on how it all turns out.
When did everyone lose sight of the fact that this is an eviction for non-payment of rent. OP gave 60 day notice and didn't pay. Florida judges are VERY landlord friendly. The OP will lose in court and will have to pay the landlord court costs.
As far as notice. How exactly does the OP plan on proving that a 3 day notice was not given properly.
What did the landlord lie about?
Bottom line is that the judge will ask to see proof that rent was paid. OP will say that she didn't bother to put a trace on the supposed lost money orders. Judge will say, judgment for landlord, have a nice day.
As far as notice. How exactly does the OP plan on proving that a 3 day notice was not given properly.
I can't really believe I'm doing your work for you, but here goes:
- The landlord claims to have served the 1st notice on the 1st of the month even though legally the rent was not delinquent until the 2nd. That right there invalidates his entire claim. See posts 21-24
Quote:
What did the landlord lie about?
He lied about serving the notice and apparently owning the company that owns the home.
Quote:
Bottom line is that the judge will ask to see proof that rent was paid. OP will say that she didn't bother to put a trace on the supposed lost money orders. Judge will say, judgment for landlord, have a nice day.
Wrong again. The claim will not even get that far because the claim is structurally deficit and will/should be dismissed if the OP's attorney has filed to dismiss. Also, there has been a motion to determine rent due which will proceed the actual eviction hearing if it hasn't already.
Another landlord blunder: Landlord didn't count a legal holiday that had occurred during the 3 day notice period. The landlord filed the eviction with the court too soon, before the end of the 3 day wait period. So only 2 day notice was given, when 3 is required.
Add the landlord "said" that he posted the Pay or Quit on the 1st, when rent wasn't late yet on the 1st. And landlord never posted a Pay or Quit, and has no proof of it.
Last edited by sware2cod; 08-05-2015 at 07:29 PM..
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