Customer Question
how I can file an injunction against eviction when the landlord is creating the situations? The first eviction was retaliation, he claimed i owed rent, but was actually in advance, was retaliation because code issues. I had to pay the court registry the full amount to be heard which was 200.00 more than I actually owed, when court date was scheduled it was april, so judge didnt rule motion to dismiseven after it was already determined in the course of preliminary that notice was defrctive, and also determined that the landlor had already gotten 200.00 more than owed, but judge released mony to him and gave me 2 days to pay April rent in order to hear my motion to dismiss.
I did that, foricng me to live hear for another month becuase i had to pay registry for april to get another hearing. LL turned of my water. At the hearing the judge dismissed eviction making him pay costs and set a date for pre-trial on counter claim June 16th.
I intended to get agreement with LL to turn water back on and make repairs or offset rent for May and pay the difference, he has blocked my number. I recieved letter from his agent on 4/26th on my way out the door to hOspital that said I had to call his agent at specified phone number prior to May 1st to make arrangements for him to pick up rent. Gave me no address to send my letter of intention to withhold because of utility cut off and code issues.
I did telling him I needed address to mail letter of repairs needed so we could come to aggrement on amount owed and get repairs and water back on. Called the number I was given to make arrangements. :
I informed him on that voice message that I had been admitted to hthe hospital and must be able to exercise my rights as well.
He never called me back. The letter I had recieved said if I did not make arrangements prior to the 1st of May, his agent would be at my house to collect rent at 6;00pm on the 1st. If still not paid he would effect 3 day notice on the 2nd.
He never called me back. The letter I had recieved said if I did not make arrangements prior to the 1st of May, his agent would be at my house to collect rent at 6;00pm on the 1st. If still not paid he would effect 3 day notice on the 2nd.
When he never caled back for arrangements I had my son and a friend waiting at my house from 5:30 until 7pm on May 1st so they could give him my letter and make arrangements for repair and correct rent. I had already been without water for 20 days at that point and my children were not staying here. I was still in the hospital.
He never showed up to collect rent or to get letter of needed repairs.
I then called him from the hospital and told him they were waiting for him and I still had no where to send my compaints.
He would now have to wait for me to send to po box of landlord because he never followed through with even making it poosible for me to make the arrangements they demanded.
I then called him from the hospital and told him they were waiting for him and I still had no where to send my compaints.
He would now have to wait for me to send to po box of landlord because he never followed through with even making it poosible for me to make the arrangements they demanded.
That allows 5 extra days to be mailed.
He then left me a voice mail on the second while I was in surgery stating that he was around and could come to hispital and collect rent. If not and I had to send it through mail then fine he guessed that would give me til the 7th. I was not going to have him pick up rent because he had not allowed me to sent repair request whcich would offset and demand utilities be put on first.
He tried to call May 3rd again and i responded in text that the stress from harrassment no good for me, he should wait for mail which I would have to have someone send and he should check po box for my letter on the 7th. Told him I would still be in hospital a few days and would make contact when released. He said ok.
With full knowledge of my being in the hospital and agreeing to my need to mail therefore giving me the extra time because he did not follow through with any other way, he agreed.
I then got a call from a neighbor stateing that he had posted a 3 day notice on my door!
He knew I would not be there to receive the notice, it was not legal for him to post notice, and by the way, was already established by text message and by admission in court that rent is due by the 4th and late on the 5th showing discrimination in the way he is handling all matters with me to begin with.
I had to leave the hospital to deal with these issues,
The way he worded the 3 day notice made it impossible for me to do anything other than pay or lose, and still no way to get my needed repairs attended to.
The way he worded the 3 day notice made it impossible for me to do anything other than pay or lose, and still no way to get my needed repairs attended to.
3 day notice says:
pay rent or deliver possession
Still does not give me any way to correspond or make face to face contact, Does not say where to pay so I could only send to agents business adress meaning I would need more time and does not allow time or way for me to send maintenence, safety, and utility issues.
pay rent or deliver possession
Still does not give me any way to correspond or make face to face contact, Does not say where to pay so I could only send to agents business adress meaning I would need more time and does not allow time or way for me to send maintenence, safety, and utility issues.
premises address is not listed, posted to house when he knew I wa in hospital, and told me to mail to defferent address listed on 3 day.
By due process of laws governing service of process, wouldn;t this be a decieptful act with malicious intent?
3 day is pay rent or deliver possession, but then says If I vacate OR am evicted I AND attorneys fees and court cost, meaning if I deliver possession he will still hold me liable for past and future rent, court cost/attorney fee
So the only thing you have received is the 3 day notice to pay or vacate - correct?
Customer replied 200 days and 11 hours ago.
I just got the 5 day eviction and the copy of the three day attached is different than the one I was served. Has different business address.
Accepted Answer
Don't leave - go to the hearing and inform the court what the LL has been doing.
| Expert Type | <><><><> <><><><>Lawyer |
|---|---|
| Pos. Feedback: | <><><><> <><><><>98.8 % |
| Accepts: | <><><><> <><><><>4088 |
| Answered: | <><><><> <><><><>5/12/2011 |
Experience: 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Customer replied 199 days and 6 hours ago.
I moved in the end of January and was in very such good standing with landlord that he was allowing me to move into a much larger rental in a triplex he had just closed on the last week of February. FPL Meters were not installed, a/c units had been stolen, and copper wiring had been stripped. He said I could move immediately, that when I had new service started, FPL would install the meters and make sure utilities were in good order. He wanted me to move the weekend of Feb 28th so he could rent the apt I was currently in March 1st. I told him that would be fine as long as there were no problems getting all utilities on by then and a/c in working condition because my teens have asthma and allergies and must have a/c.
I had FPL scheduled for new service with meter install Feb 27 and gas company Feb 28th, Meters could not be installed, tri-plex, unit numbers not labeled. needed electrician to bring to compliance. Frantically called him and told him I scheduled for next morning and must have building ready or elec and gas would not be on. He did not have ready. FPL spoke with landlord and explained what he had to do, said I would have to call back and reschedule when ready. Gas was unable to be turned on because no elec and I had to call and reschedule both for March 2nd. Landlord called me that night and wanted me to move anyways. That night after I got off work at 7pm, with my children, in the dark, top floor, no utilities whatsoever and no reason to believe or have any comfort in the idea that it would be able to be done the next day.
He said he had already taken money for the place I was in and they were getting upset. Turned out it was from a couple I had refered. I told him I would not, more accurately...could not move without seeing a light turn on. Building had been vacant 2 years and may have had serious problems. Told him if all went well like he anticipated, I would move after work the followind day which would be the 2nd of March.
This conversation took place at 10pm March 1st. He said ok. He spoke with the couple that was to move in when I vacated and they wanted their money back from him because he was not honest with them when he took their money unsure the residence would be available. On March 2nd at 1am in the morning he turned on me. I received a text from him, just 2 hours after we talked telling me I could not move there (i had signed a lease for that residence) told me he was giving it to the couple that could not move here. Said he was going to Shut off my water and electric in 2 days if I didnt go put it in my name here. Wanted me to send 500 more than I owed him for the month sent to a po box within 5 days or he would evict me. (I was 200 prepaid on March rent so I only owed 400, he wanted 900) He was using the water with hose hooked up outside since before I moved in to renovate the building he bought next door/ Told him I needed lease. He said would cost me 900!
Cut to the chase, a whole lot has happened with his visciousness between now and then, all threats and actions I saved on text.
My water has now been shut off for a month. He now claims in defense of my proving retaliation that the water company turned it off because I never put it in my name and was stealing previous usage. He had nothing to do with it.
Wouldn;t the fact that I have the text a month after I had been living here threatening me to turn it off on the same day We had code issues? The grey area is it wasnt in his name. Apparently he turned it on illegally when he bought the property, but he denies. Says previous tenents left it on, I nevr changed.
Water company says previous tenents closed out in Dec 2009 and got credit. water was turned back on, when my landlord and I got in dispute, he went there and told water company this address was vacant and was illegal consumption to turn it off;.
Now I would have to pay all boot and comsumption charges of his renovations for three months to turn on unless he admits and clears up delinquent amount.
He has not complied and I have been without water for over a month. My kids have had to find other places to go for showers the first 2 weeks, Now the are ilving with a friend until I get this worked out.
I'm so very sorry this is so long, but this man in trying to destroy me. I was just in the hospital for 12 days, he posted this 3 day on my door on the 2nd of May knowing I was in the hospital and wouldnt get it. rent not late til the 5th, but he was trying to get me out before I knew he even filed.
My friends called me and I left the hospital! I was supposed to stay monitored while waiting for some biopsy results and waiting for surgeon to make decisions about taking more. I now am very ill and can not ocmplete my care without checking back into the hospital, which I can not do because I will lose case by default.
I feel he should not get away with this treatment of people. everyone else afraid of him and on principle I will fight for all, but sure could use advice for the fast track before I LITERALLY DIE TRYING AND WITHOUT MY KIDS AT HOME WHERE THEY BELONG AT NIGHT.
Thnak you for your time in advance. I pray at the end of my coutersuit I will have the funds to give you the bonus you deserve. Im sure with me on subscription (bought with the last of what I had since my boss is his business associate and he got me fired the day this began 2 months ago) and my question so long, it took someone special to even decide to take
the time to read it.
For that alone I give you 6 thumbs up! Mine and my 2 children that want to come home.
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