Self Help Eviction By Landlord

Previous | Next
 rated by 0 users
Latest post 03-25-2011 5:24 PM by ChrissyRenter. 15 replies.
  • 03-25-2011 1:57 PM

    Self Help Eviction By Landlord

    http://cc.st/Flroda-Statute-83-67-Prohibited-Practices

    3 Day Notice Served 24March/Expires 29March

    LL has refused rent. Water in LL's name has been cutoff 25March by LL. City utility refuses to reinstate water under my name b/c LL refuses to allow the same. Lease term ends 15June2011, no desire to stay. T has paid utilities monthly to City for 10 months.

    Advice on whether to send rent certified mail or move, how to file self-help conviction Plaintiff complaint ag LL and/or City utilities (duty of care) with emphasis on maximizing my chances for 3x rent penalty on LL as per statute.

    Thanks in advance!!

  • 03-25-2011 2:03 PM In reply to

    Re: Self Help Eviction By Landlord

    Your post is really hard to follow.

    If you are being evicted and you don't want to stay - move.

  • 03-25-2011 2:08 PM In reply to

    Re: Self Help Eviction By Landlord

    The LL cutoff the water to attempt to force me out. I can't get it turned back on. Do I pay rent or fight the eviction based on prohibited practice of constructive eviction?

  • 03-25-2011 2:10 PM In reply to

    Re: Self Help Eviction By Landlord

    If you don't want to live there anymore (which is what your post says) just leave.

  • 03-25-2011 2:11 PM In reply to

    Re: Self Help Eviction By Landlord

    I suppose you just can't get your eyes wrapped around my questions, thanks anyway.

  • 03-25-2011 2:15 PM In reply to

    Re: Self Help Eviction By Landlord

    OK - if you really want to waste a lot of time and money suing the landlord to let you stay in a place you said you don't want to stay in, go ahead. Hire a lawyer and sue. Or take the time to educate yourself and sue. And if you win, then what? You have to stay on until the end of your lease in a place you say you do not want to be.

    What does that accomplish?

  • 03-25-2011 2:57 PM In reply to

    Re: Self Help Eviction By Landlord

    Thanks for your effort but if you can't read what I have written, please refrain from posting and perhaps somoene will come along who can acutally assist me.

  • 03-25-2011 3:19 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,967

    Re: Self Help Eviction By Landlord

    I understand your question--and in my area there is/was one super active female attorney who took low income cases against bad news LL's  , who would just wipe the floor with any such LL and just about any attorney on thier side --and she did it on a couple of water shut off issues as well --but unless you can find such an attorney locally and/or you city codes/law has some nasty teeth in it as to service denials  I'm not sure youcan find a big enough hammer fast enough to get LL's serious attention. In my earlier days I cut a couple of corners as a LL in dealing with a particular  rotten druggie in inherited--but a reminder call from City Codes officer that to pull such a game would sned him my way at $1000 a day fine quickly reoriented me to other tools.

    And the gal in question, I know , got instant attention when folks went around shutting off water --with very very costly results to the folks who cut off water. And by the way--it was a city utility here too--and thats a special set of rules my place --which REQUIRES that tenant be allowed to bypass owner and pay water direct and deduct from rent.  But I'm not in FL.

    But I don't know if her clone is near you--you go search.

    I see your point as to 3 X rent penality--all I can say if follow the law to a T.



  • 03-25-2011 3:27 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,967

    Re: Self Help Eviction By Landlord

    Look, part of the practical question is is this LL so rotten that its a likley one to stick him for  attorney fee recovery as well....which is clearly an prospect  under this FL section--and I'll bet a good number of local lawyers know which ones are winners--and your case of deliberate shut off seems like one to me-.in which case you go get a paid hammer.



  • 03-25-2011 3:41 PM In reply to

    Re: Self Help Eviction By Landlord

    Thanks, Drew. My city is code enforcement doesn't have a "service denial" clause but I am going to visit them anyway. I believe this is all about prohibitory LL practices and statuotory fines mandated by them.

    The question I am struggling with is to move without paying rent, such move will incur significant costs (storage, moving, new lease deposits, etc), or stay and pay rent...that is which will give me the greatest potential award for constructive eviction. Just getting my costs back and attorney fees paid doesn't put any extra cash in my pocket. That is what I want, to get into this jerks wallet for as many $$$ as I can.

  • 03-25-2011 4:03 PM In reply to

    Re: Self Help Eviction By Landlord

    It's up to you what you do, but you don't say whether you were late with the rent and the landlord is now refusing to accept or what.  Landlord has obviously broken the law in terms of unlawful eviction practices by turning off the water, and what you'd need to address is to file an emergency petition in the local landlord-tenant court to have it order him to turn it back on.

    Even if the landlord filed an eviction action, if you're ready, willing and able to pay rent (even if you were late with it initially), the court's going to dismiss the eviction action if you're ready to pay.  As for any 3x rent penalty per statute, you're certainly free to go that route, but no one can walk you through that from a message board.  You either make it a DIY project (spending quite a lot of time in a law library) or you hire an attorney and let him/her handle it (going after legal fees).

  • 03-25-2011 4:20 PM In reply to

    Re: Self Help Eviction By Landlord

    Sent rent, LL didn't cash certified check then along came 3 Day Notice expiring on 27Mar Tues. Since I am paying with certified corporate check, the bank will cancel the check BUT won't make them funds available for 90 days.

    BTW, this is a common practice for LLs here, they sit on rent checks, "never sent rent", "envelope was empty" etc and he has told me he has a renter for $400/month more than I am paying. He wants me out but refuses to enter into an Early Termination; don't ask, he's a full blown imbecile.

    Agree on filing emergency petition but too late today (Fri). Agree on eviction and paying into court rent to stay until I can find another place if it comes to that.

    I'm juggling my various costs with potential positive cash outcomes against LL for constructive eviction.

    Thanks again.

  • 03-25-2011 4:50 PM In reply to

    Re: Self Help Eviction By Landlord

    Here's a link to the FL statute regarding prohibited practices (83.67). One of which is turning off utilities.

    http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0083/SEC67.HTM&Title=->2008->Ch0083->Section%2067#0083.67

    Paragraph (6) allows for consequential damages or three months rent as a penalty.

    Paragraph (7) allows for injunctive relief with means you can probably get the court the order the landlord (and the water department) to turn it back on.

    There doesn't appear to be any pre-printed forms on the following list so I couldn't tell you what the procedure is:

    http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/a2490d4fa31363a88525771200482bdd!OpenDocument

    However, there is information about Legal Aid that might help:

    http://www.floridabar.org/tfb/TFBConsum.nsf/840090C16EEDAF0085256B61000928DC/A99E4C9F07844AC385256FF90073D012

     

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 03-25-2011 5:22 PM In reply to

    Re: Self Help Eviction By Landlord

    I will post what I please where I please.

  • 03-25-2011 5:22 PM In reply to

    Re: Self Help Eviction By Landlord

    Thanks adjustor jack, the T notifications to LL are helpful.

    FYI in most counties in Florida, a Small Claims Court action can be filed for constructive eviction monetary damages. I believe I am going to have to go to County Civil Court for the emergency return of water to the property. It appears I need to file against both LL and City owned utilities, the latter has given me no notice of turining off utilities after I have been paying them for 10 months (under the LL name).

     

Page 1 of 2 (16 items) 1 2 Next > | RSS

My Community

Community Membership New Users: Search Community