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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: FL Real Estate
Satisfied Customers: 33709
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I stopped paying the rent because I want to leave I 't

Customer Question

Hi
I stopped paying the rent because I want to leave I don't feel comfortable anymore so I wanted to live the deposit and leave the next month but the landlord already started an eviction process and now I don't want to have that in my credit. If I leave from the apartment is because I wanted to leave already not because of the eviction so how can I stop this and stay with my clean credit.
Submitted: 8 months ago.
Category: FL Real Estate
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Can you tell me what state you are in?

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Have you been served with a summons for an eviction?

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Were you first given a notice to pay rent or vacate?

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Have you been to court yet for the eviction?

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thanks

Barrister

Customer: replied 8 months ago.
I am in miami beach Florida. They put a note that I have to pay the rent. No I haven't gone to court but they gave me 5 days to respond or evict.
Expert:  Barrister replied 8 months ago.

Ok, then you have to pay the rent within that 5 days or they can then file a formal eviction through the courts which will show up on your record.

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You can't decide that you want to use your security deposit for last month's rent. A security deposit is for damages to the property, cleaning, fees, and any delinquent rent after the tenancy is over and you have moved. So the landlord is completely in the right here and can evict you through the courts if you don't pay the rent within that 5 day period.

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If you pay the rent, then there will not be an eviction filed in court and nothing will show up on your credit.

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thanks

Barrister

Customer: replied 8 months ago.
Case
16-0714-cc24
Customer: replied 8 months ago.
Ok thank you I'll try to negotiate with them because I want to leave anyway.
Expert:  Barrister replied 8 months ago.

Ok, then apparently you didn't pay the rent within that 5 day period and the landlord has gone ahead and filed a formal eviction action. This will show up on your credit report and the only to make it look better is to negotiate with the landlord to pay them the rent and any court costs and have them dismiss the case.

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thanks

Barrister

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