Eviction and judgement order out of nowhere

2 Replies

I previously posted a thread about having problems with my landlord and he wouldn't accept my rent and filed for eviction.

In summary I had some arguments with my landlord about major issues not being fixed and instead of fixing them he refused to take my rent and served me with an eviction notice for non-payment of rent.

When I got the notice, I sent the rent check to the attorney who sent the notice and was listed on the eviction document, so it was very clear I had paid the rent. The following month, I sent a check to the landlord for the rent (he usually only accepts cash).

I then received a notice to go to mediation for eviction. I went to the mediation today and I was told the landlord received a judgement order for $800 against me. I was shocked and confused and the lady from the mediation said that I was supposed to send my rent check to the court, not to the attorney. So because I did that, there was a hearing in which the landlord was awarded $800 for 'legal costs'. I don't understand how a hearing could have been conducted without me, the defendant being informed of a time and date.  

Secondly the mediator informed me that as I am on a month to month lease, by law the landlord is only required to give me 15 days notice to leave. She said I can leave voluntarily in 15 days or go before a judge who will tell me I have 15 days to leave. 

The court date is set for a 6 August and I would say I'm quite upset by the whole debacle. I have to leave the country in October so I can't go and get another lease on a house. I have a ton of furniture and possessions and I'm quite dismayed about what to do. 

Realistically, the only thing I can think of is to try to find a house to buy within the next week to move into and store all my furniture and stuff. 

I think the answer is no but is there any way to appeal/contest the $800 judgement order? This is all such nonsense and I would really appreciate some advice from people who know this area of the law? Thank you

why not put your belongings in storage and stay with friends or in a hotel till October? 

Sorry but your statement does not make since.

You state "he refused to take my rent and served me with an eviction notice for non-payment of rent."  Did he serve you the required 3 day Pay or Quit notice, or the with an eviction notice counts I and II?

You state "I sent the rent check to the attorney who sent the notice and was listed on the eviction document, so it was very clear I had paid the rent."  Did you send the check via certified/registered mail for proof of delivery? Do you have the check image from your bank showing the check has been cashed?

Mediation is where you present all your supporting documents regarding the accusations against you.  Did you not have the necessary documents that showed the check was mailed to the lawyer via certified/registered mail, the check was cashed/accepted by landlord.

You write "I then received a notice to go to mediation for eviction." Then that you did Not receive the summons to appear for the case regarding the judgement. You can appeal the judgement if you did Not receive the "summons to appear" and ask for the proof of service.

If you have enough evidence you can also consult an attorney to see what their opinion is on suing the landlord for Florida Statute 83.64 "Retaliatory conduct"

Lastly as Amy stated you can consider moving all your stuff into Air Conditioned storage, you will get Mold all over everything since we are in the rainy season otherwise.  Then look into a short term furnished rental until you return to the US.

I would not recommend trying to find, buy and close on a new house in your current mindset these quick purchases that are usually performed without much due diligence usually do Not end well.

Free eBook from BiggerPockets!

Ultimate Beginner's Guide Book Cover

Join BiggerPockets and get The Ultimate Beginner's Guide to Real Estate Investing for FREE - read by more than 100,000 people - AND get exclusive real estate investing tips, tricks and techniques delivered straight to your inbox twice weekly!

  • Actionable advice for getting started,
  • Discover the 10 Most Lucrative Real Estate Niches,
  • Learn how to get started with or without money,
  • Explore Real-Life Strategies for Building Wealth,
  • And a LOT more.

Lock We hate spam just as much as you