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Asked and Answered
~ Landlord Tenant ~

Question - Answer to Eviction

What is the correct wording and formatting for an Answer to Eviction Complaint in Broward County FL.

Answer to Eviction 

We're not sure why, but we couldn't locate the "Answer to Eviction Complaint" either. We looked on the Florida Bar's site, and it seems most of the available (Supreme Court approved)forms are for landlords and not tenants. In general, if you have received a Complaint for Eviction, you answer it in the same manner you would answer any civil complaint. Use the same format as the complaint, and answer it paragraph by numbered paragraph. The top of the document, called the header, identifies the circuit and county, the parties, and the case number. All of that is the same in your answer as appears in the complaint. You can title your answer as - Answer to Complaint. At the end you sign it, and include your printed name, address, and phone number. And at the very end the certification. That needs to say that you sent a copy of your answer to the landlord. Mail a copy to the landlord, file the original with the clerk of court.

For more information about eviction, look in Florida Statutes - Chapter 83.

Landlord and Condo Assoc misdealings

(Punta Gorda,FL USA)

I have been living in a condo assoc apt for 5 yrs. I signed a lease for a non smoking apt and I am a non smoker. I have severe health challenges and I'm highly allergic to smoke.The last 6 months the condo assoc has rented the next door apartment to 2 different tenants. They both have smoked inside the apartment. Ive spoken to my landlord,asked for help to have this stopped because I can't even live in my own apt. The smoke permeates so thick into my living area I have to leave the apt. Ive been told if i can't handle it to move. My health has gone farther downhill and being on social disability don't have the funds to move. My lease contract isn't worth the paper its written on. I would like legal help on this. Is there any precedent on this type of case. I've been told the Florida clean indoor air act doesn't apply here. What are my options?

Answer: Smokers next door 

I'm not an attorney, I'm just trying to help you sort this out. I tried but haven't been able to find any case law that might help you. The smokers are next door and apparently smoking inside their own space. If the condo had been presented to you (and stated in your lease) that it was to be a no smoking building, then you might have an argument.

My suggestion is that you ask the condo association or landlord to let you out of your lease so that you can break it without having to pay a penalty and then go ahead and move.

Following is a link to the Florida Division of Consumer Services, which addresses some landlord/ tenant disputes:

http://www.800helpfla.com/landlord_text.html

Eviction in Volusia

(Volusia County)

I am living in west Volusia county area and my landlord is trying to evict me. I think he has no reason to do so and the fact that he is I think is illegal. I'm all paid up on my rent, and he keeps claiming I'm doing things against my lease, but I'm not. Like he said that I'm not parking in the right place, but if I part in the wrong place its only because the other tenant is in my space. This is just a duplex. I didn't think it was a big deal, the other tenant has never complained to me.

Answer: Eviction in West Volusia 

You don't say what your landlord is doing exactly. Like how he is trying to evict you? Did he send you a letter? If you think he's being unreasonable, tell him so. Before doing that, though I suggest that you speak to your neighbor and make sure that there really isn't a problem about parking. Some people will complain to an authority figure (even a landlord) before having any sort of potential face to face confrontation. The Florida Landlord Tenant statutes are found in Chapter 83. And according to the Florida Bar:

"If the landlord claims the tenant has violated the rental agreement, he or she must inform the tenant in writing of the specific problem and give the tenant time to correct the problem--even if the problem is non-payment of rent--before the landlord can go to court to have the tenant removed. If the tenant commits a serious act endangering the property (such as committing a crime on the premises) or the tenant fails to correct a problem after written notice from the landlord, the landlord must still go to court to be permitted to evict the tenant."

www.floridabar.org

After the 3 day?

I'm a landlord, and I've never really had to evict someone before. But this one tenant, I just can't work with anymore. I try to make arrangements with her and then she just comes u with another boatload of excuses. I posted the 3 day notice on her door yesterday (Sunday). What happens now? She came right over and promised me at least half the rent by the end of the week.

Answer: After the 3 day. 

After posting a three day notice to pay or quit, the eviction can go a few different ways. First, the tenant can actually pay and everyone is happy. 

Or the next scenario is that the tenant can quit -- they can just pick up and leave. This can be a good thing, and simpler and less expensive than having to go all through the eviction process. Collecting the past due rent can be difficult and often not even worth the trouble.

The other scenario is that the tenant doesn't pay and doesn't leave. When that happens you have to go forward with the eviction process. The next step is to file a Complaint for Eviction. Supreme Court approved eviction forms are available on the Florida Bar's site - www.flabar.org. Some circuits have local forms available on their websites.

Holes in the wall.

(NSB)

I was renting a place from this guy and I ended up moving out.  He told me that I don't get my security deposit returned because I put holes in the wall. I didn't put any holes in the wall, there was one hole that was there, and he knows that. He has no proof of the holes in the wall and I would like to take him to small claims court to get my money back.  I live in the 7th judicial circuit and I need the forms to file for my money.  Do you know where to get them?

Answer: Security Deposit - Holes in the Wall

According to: http://www.weblocator.com/attorney/fl/law/resreal.html

"Security Deposits
Landlords commonly require renters to pay a security deposit prior to taking possession of the premises. The security deposit normally is used to cover the costs of any damages (beyond ordinary wear and tear) or unpaid rent. ... At the end of the lease, the landlord has 15 days to return the money (with interest, if applicable) or notify the tenant of a claim against the security deposit for damages. If the landlord makes a claim, the tenant has 15 days to object. If the tenant does not object, the landlord may deduct the amount of the claim from the security deposit and must return the remainder to the tenant within 30 days (from the date of the notice of the claim). Any unsettled dispute the landlord and tenant may have as to damages can be resolved in court."

Landlord tenant

(St Johns County)

I'm a landlord and have a tenant that will not pay rent and filed with judge indigent status... I've never seen this before...I don't see what they have to gain... they got free everything already..do they get to live free in my home now? Anyone know?

Answer: Landlord Tenant - Indigent Status 

The endless joys of being a landlord! Actually, to answer your question regarding your tenant who now has civil indigent status - the answer is no. In general civil indigent status allows people who are low income to have their court filing fees waived. Now if your tenant plans to file a counter claim for the eviction, with civil indigent status he can do so without having to pay the filing fee. The Florida Statute is - Florida Statute 57.082.

Indigent eviction?

(Cocoa beach FL. )

I'm indigent and have challenged a 15 day notice to vacate. Now I have received a 3 day notice and I guess the land lord is seeking to take my boat. I'm indigent and have no means to move.

Answer: Indigent Eviction 

I am not an attorney, but I am a landlord. A Three Day Notice to Pay or Quit is used for an eviction for possession (and sometimes unpaid rent) when the reason for eviction is non-payment of rent. Landlords don't particularly enjoy evicting people, however, there are expenses inherent in owning a property. And if the landlord relies on rental income to pay these expenses, a non-paying tenant can hurt.

As far as I know civil indigent status does not protect you from having to move because you cannot pay the rent.

See Florida Statutes Chapter 83.


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