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Old 05-28-2014, 11:23 AM
 
26,760 posts, read 41,159,786 times
Reputation: 14895

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We filed on the 12th, tenants got served on the 13th after trying to avoid getting served but the law over here is stating that a certain amounts of serving needs to be attempt with a certain time frame in between and otherwise a server can post it on the door and the tenants are considered "served" which happened in this case.

The tenants answered with 49 pages (!!!!) with all kind of bogus things and leaving out their side of the emails that would have showed the true story and we submitted their left out emails to the court as well as proof of invoices and filed a motion for default due to no payment in the court registry and the judge just signed the default so all we have to wait for is the writ to be served by the sheriff giving them 24 hrs. to be physically evicted.

Their plan was to break the lease but not paying the lease break fee but using last month rent and security deposit until that was used and than move as they stated by phone and also per email made remarks like that.

Now they have a full blown eviction on their public records!

We will file for a final judgment and this morning they filed a bogus BBB complaint to ask for punity damages, hospital bills, doctor bills, money for emotional distress and a lot more B.S. and we answered that we are waiting for the eviction to be finished for unpaid rent for May 2014 and we just updated that record.

We have seen in the past tenants going to BBB and consumer complaint websites and there is even another legal website that will allow anything to be entered and the other party can reply. In all cases BBB and other websites/companies closed the file and never got we an official complaint since we know the law and handle accordingly.

It would be smarter for tenants to use the time for other things and know that we all don't pay taxes for them to scam the government for stating they use a breathing machine while the pictures I took off their own social media is showing beer drinking and smoking and which were entered into the eviction filing after they used the medical part as their answer. Otherwise I would not have used it but we will use what we need to defend on the owners behalf if tenants feel they can make their own laws and think we are scared of them.

Justice is served again and tenants should be smarter to keep paying the rent and in Florida tenants can't just sit and drag it out for weeks or months!

If this tenant had a financial hardship we may feel differently but in this case we feel good for the owner and this pool home soon will have new tenants who hopefully will appreciate that they owner is allowing them to rent and that renting is a two way street and not a one way street.
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Old 05-28-2014, 11:25 AM
 
24 posts, read 101,153 times
Reputation: 83
Oh, are you looking for some praise/affirmation? I shall deliver.

Great job and kudos to you!
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Old 05-28-2014, 11:59 AM
 
26,760 posts, read 41,159,786 times
Reputation: 14895
Quote:
Originally Posted by Rueben View Post
Oh, are you looking for some praise/affirmation? I shall deliver.

Great job and kudos to you!
Thanks but that was not my priority....just to warn tenants it is not a game when they don't pay rent.

Owners can be bad too but that is a different story but most owners became forced landlords due to the housing market changing and values going down.

Many owners are having a difficulty paying their bills too but manage when rent comes in and aside from pouring some other money in towards repairs they are counting on that rent money.

When tenants feel entitled to stop paying they often forget that part and don't care. We hear the stories from both sides and although we have dealt with bad owners, over all tenants think that nothing can happen and it will take a long time to get evicted. Tenants are wrong and time lines can be shorter than expected!

The judge already mailed the order for default to us the day prior to Memorial Day and we just got it and the tenants probably got that same mail in today...hopefully they started to pack up because the sheriff will not help them packing and our lease has a special box that tenants have to initial that anything left at the property is considered abandoned so we don't even have to keep it at the curb....it will be gone baby gone!
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Old 05-28-2014, 12:15 PM
 
Location: Ohio
5,626 posts, read 5,546,518 times
Reputation: 6778
It is pretty quick around here. If i dont pay my rent on the 5th, the next week my landlord would be in court and by the next week we would be facing a judge. 7 days later out.

Its not a joke to skip out on rent but it happens and it stinks for the landlords and future renters!
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Old 05-28-2014, 02:42 PM
 
Location: Tampa (by way of Omaha)
14,120 posts, read 20,074,702 times
Reputation: 9556
Under Florida law, failure to pay rent into the court registry constitutes a waiver of all defenses (except in extremely limited situations) and thus constitutes an uncontested eviction. Uncontested evictions always move quick.

Your example would not be applicable to a contested eviction. Those can take months at best.

I handled one a couple years ago that was rather comical. It was a dispute about lease terms and when the tenants didn't give in to the property manager's demands, they filed for eviction. I got involved and we filed answers, a motion to dismiss and a counter claim. The property manager filed a motion that contradicted some of their original claims and with that I filed motions to conduct depositions on four separate employees of the management firm, including the owner.

On the advice of their counsel...who in no uncertain terms told them that they were sunk...they dropped the case after about four months. It cost them close to $4,000 in their legal fees, god knows how many man-hours and another $1,000 or so that they gave the tenants as financial compensation that was a requirement for the stipulated mutual dismissal of claims.

Other than some mental aggravation, the tenants have not and will not suffer a single consequence, ever.
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Old 05-28-2014, 04:06 PM
 
26,760 posts, read 41,159,786 times
Reputation: 14895
Quote:
Originally Posted by Bosco55David View Post
Under Florida law, failure to pay rent into the court registry constitutes a waiver of all defenses (except in extremely limited situations) and thus constitutes an uncontested eviction. Uncontested evictions always move quick.

Your example would not be applicable to a contested eviction. Those can take months at best.

I handled one a couple years ago that was rather comical. It was a dispute about lease terms and when the tenants didn't give in to the property manager's demands, they filed for eviction. I got involved and we filed answers, a motion to dismiss and a counter claim. The property manager filed a motion that contradicted some of their original claims and with that I filed motions to conduct depositions on four separate employees of the management firm, including the owner.

On the advice of their counsel...who in no uncertain terms told them that they were sunk...they dropped the case after about four months. It cost them close to $4,000 in their legal fees, god knows how many man-hours and another $1,000 or so that they gave the tenants as financial compensation that was a requirement for the stipulated mutual dismissal of claims.

Other than some mental aggravation, the tenants have not and will not suffer a single consequence, ever.
That is an extreme case and stupid from the managements perspective.

For non payment of rent it is very clear cut and also in case of our rental agreements it is very clear since we use the Florida Realtor leases which are very easy to read and we have by law to have tenants and landlord sign the entire tenant/landlord law. (that is required for realtors since July 2013)


Even if in our case the tenants had claimed repairs to be an issue they were required to pay into the court registry and we had proof of all repairs in the form of bills, bank statements showing the proof of having paid a contractor for the job and pictures with date on it for the result. If a tenant would have tried to argue that in court they should be very good and smart to come up with proof. This tenant filed 49 pages with old pictures and lies and the "funny" part was the missing emails she send which we submitted just in case the judge was going to let them get a hearing since I never saw 49 pages and the clerk was surprised to. I never got any answer to the complaint so I went in person to get a copy and they charge $ 1- per copy and I agreed to that but when the clerk stated you really want to pay $ 49.-. In the end the clerk printed it all out and gave it to me for free.

It was interesting to read and to see a neighbor giving a statement how great of a neighbors they are and how they didn't deserve an eviction in their name....I guess they watched to many judge shows and never expected that in reality courts wok different than on tv.
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Old 05-28-2014, 08:20 PM
 
Location: Silicon Valley
18,652 posts, read 25,462,642 times
Reputation: 37255
Wow. 49 pages of excuses for why they didn't pay the rent? Yikes.

I heard someone once say "This is not an excuse contest." Don't matter why.
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Old 05-28-2014, 08:52 PM
 
Location: Saint Johns, FL
1,396 posts, read 1,093,357 times
Reputation: 1407
Are they out yet? In a case like this I'd be concerned about damage.
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Old 05-29-2014, 11:59 AM
 
26,760 posts, read 41,159,786 times
Reputation: 14895
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Originally Posted by Newporttom View Post
Are they out yet? In a case like this I'd be concerned about damage.
I just checked their face book page and they are asking for volunteers to help with packing up and they hired a truck and they are going to the next County so gone soon.

I send them a friendly email yesterday to let them know we received the order for default signed by the judge and they probably received it too and they can spare themselves the embarrassment of having the sheriff escort them off the premises by leaving and getting us the keys and we will issue the security deposit if applicable to their new address.

That has helped in the past and it seems they are packing.

If the tenants are bad house keepers than we know what to expect but this one has been a good house keeper just a nasty attitude and we expect the property not to be too bad.

About the 49 pages....it was 4 pages of begging the judge to remove the eviction off their records and what a great people and citizens they are and how they always pay their bills and how bad we are and horrible and slumlords which doesn't even make sense they started out in the same letters stating they rent from us for 1.5 year and we helped them move to another property owned by the same owner so why would they do that if we are so bad..?

Than one paper from the neighbor telling the judge what a great neighbors they always have been...keep in mind they just moved there 2 month's ago!

Then there were copies of pictures made prior to a repair and the pictures were photo copies so you can't see a thing in that photo and the remainder was email exchanges only showing our side which are all written in a way that if anything ever would end up in court or on a lawyers desk they can't say a thing so we don't mind but it is kind of weird to see them without the ladies own emails with nasty remarks so I issued all her emails for the judge to see incl. pictures showing a different elderly woman who clearly isn't using a breathing machine but a beer bottle in her mouth and all pictures show cigarettes in her hand or mouth!
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