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All Forum Posts by: Kent W.

Kent W. has started 1 posts and replied 4 times.

Post: Ground for Eviction?

Kent W.Posted
  • Sarasota, FL
  • Posts 4
  • Votes 0

thanks for all the great responses! And thanks Ben. I might be in touch. 

Concerning notices to remove a tenant with an expired lease or increase there rent, I'm fairly sure it's half the length of time of the frequency that they pay rent. So month to month is 15 days. Unless I misread Florida laws. 

Post: Ground for Eviction?

Kent W.Posted
  • Sarasota, FL
  • Posts 4
  • Votes 0

I was also under that impression, but a fresh look directly at the Florida renters rights statues, rather than people's online summaries of them, seems to imply that this is only the case when a landlord accepts a payment after a 3 day notice is presented to the lessee. So I'm currently unsure as to the legalities of that and hoping someone more knowledgeable than be can clear that up.

I suppose my main concerns are not only the aforementioned issue of accepting payment then proceeding with eviction, but also:

-can a landlord eviction me for not being able to prove previous payments, especially after accepting later payments?

-is a text message from her real estate agent considered legal notification?

-she never notified me how to pay rent after buying the property, can I use that to defend myself?

-Is the fact that the 3 day notice a nonsensical number debunk the whole eviction?

-Can she give me a 3 day notice, not follow through on an eviction. Then give me another 3 day notice a week later? Especially considering the first notice was an incorrect number.

Also, because I know this forum is filled with more landlords than renters. I'd like to again state that I'm not trying to "get over" on my landlord. I simply want to protect myself against what I see as unreasonable legal action that I might not be able to defend. 

Post: Ground for Eviction?

Kent W.Posted
  • Sarasota, FL
  • Posts 4
  • Votes 0
Originally posted by @MJ Barnett:

Kent,

I have always heard that rules are if the landlord accepts payment or cashes the check then it constitutes another month lease. (At least in CA and VA)

Good Luck!

MJ

Post: Ground for Eviction?

Kent W.Posted
  • Sarasota, FL
  • Posts 4
  • Votes 0

As a residential renter in Florida I am being threatened by my landlord too move out or be evicted. I believe her case to be both unjust and not legally sound, so am considering fighting the eviction. Here's the facts. 

I had an annual lease which expired before my current landlord bought the property. So I'm month to month. I was never notified how to pay rent, but since she took up residence in another apartment on the property I paid her on time by handing her cash. After 4 months of these casual payments her friend and real estate agent texted me 8 days before rent was due that my rent would increase from $775 to $950. Florida law requires a 15 day notice in writing so I paid $775 by check on the the 1st of the month. She cashed the check. 5 days later she retaliated by sending me a 3 day notice that I was indebted to her in the amount of $850. I have no idea where this number came from and ignored the notice. Nothing followed. It's now the 11th and her friend is again texting me to leave or face eviction. 

Apologies for the length but I felt all information was relevant. I'm not sure I could find suitable housing in the next 20 days and I would prefer to not move immediately. Hence why I'm interested in fighting this. Also, please note that I have completely paid rent. Although I can't prove the first 3 or 4 payment. 

Regards, 

And any help is appreciated.