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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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My fiancé and I had an evictions complaint filed against us

Customer Question

My fiancé and I had an evictions complaint filed against us in FL due to nonpayment of rent but it wasn't just that. We turned in our "Answer" to the clerk of court a week ago today and haven't heard anything since. We paid our rent but made deductions due to the property management's neglect to make repairs. Also we've lived here for 8 months with multiple requests for a mailbox key and only received it a week before we received our evictions summons.
After a couple months into our lease and we started using more of our place we started to notice a lot of things not working right in addition to the clogged plumbing when we first moved in. We first noticed our kitchen sink was leaking onto the floor through the cabinets after only a minute running. The front door wouldn't stay closed unless it was locked and there was about a 1/4 inch opening between the door and the frame. The master bathroom toilet was making loud noises and one of the sinks was leaking. The guest bath shower lever was locked up with no release causing too much pressure and noise to use with fear that it was going to burst of the wall. Those things and a couple small things to repair, along with the mailbox key were requested. It took 2 months, through thanksgiving and Christmas, to get someone to repair, meaning no use of our kitchen for cooking or washing or rinsing of anything. Plus spotty use of upstairs bathrooms.
A few weeks after that the same toilet in the master bath a plumber came to fix the first time around ended up flooding the whole upstairs bathroom causing it to leak through the HVAC vent downstairs in the living room. Apparently some bob lever was worn and in pieces. The water seeped through the ceiling causing a huge wet spot in one spot (a little bit smaller than a hoola hoop) and wetness running along the beams. We immediately notified our property management and sent pictures. That was the last week in January we notified them of this leak and possible mold due to things not being dried out properly. To date, even with a couple requests, we have not had anyone contact us regarding this issue.
When asked why rent was short it was explained that due to lack of repairs and functionality of what we rented, there were deductions. In replied correspondence there was no further mention of this.
As I previously mentioned, I haven't heard anything in regards ***** ***** response to the evictions summons. I'm conflicted because I have researched and read all possible materials on this matter and only find things to be contradicting or loosely defined. I realize most landlord-tenant cases go the favor of the landlord but that just can't be it. If tenants have to adhere to a certain set of rules and responsibilities, the landlords should as well. Also, our landlord is one business out of a different city, our lease was on the paper of another business, and we receive email correspondence through another business name. Only one of those names is pulling up in the FL Dept St Division of Corporations, but it's not the name of the business that is listed as the Plaintiff. Don't know if that means anything. In addition, isn't it a federal offense to delay someone's receiving of their mail?
I apparently make too much for any legal aide but can't afford an attorney. I don't know what to do at this point. I don't understand the jargon, don't know if I should reach out to their attorney, or if it's worth hiring an attorney. Rents due again in a few days, do I send them a check as usual? There's only a few months remaining on the lease and would like to finish out the lease, rather than a sheriff notify me I need to be out. With that being said, I don't think paying them the outstanding balance is the right thing to do especially when they were in breach of the lease.
I do realize that's a lot but somebody please help!!
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  MDLawyer replied 6 months ago.
Hello. I'm sorry to hear about your situation but thank you for using the Just Answer website. I will try to assist you but please understand that we cannot give legal advice and we can only provide you with legal information. Let me know if you understand that and then we can begin our conversation.
Customer: replied 6 months ago.
I understand, however, cannot guarantee that without knowing I may ask an inappropriate question in regards ***** ***** that can't be answered based off those guidelines. If you could kindly respond with an "oooops can't answer that one" and we continue than I'm on board.
Expert:  MDLawyer replied 6 months ago.
I need to first understand what legal information you are seeking. You seem to be asking about the evictions process and how it works since you have not been given a court date yet. Is this correct? You are also wanting to know if you should pay your May rent. Is there any other information you are seeking?
Expert:  MDLawyer replied 6 months ago.
Also, in what county in FL is the rental located?(By the way, just noticed your username. Are you Boricua? Just asking because I am)
Expert:  MDLawyer replied 5 months ago.
Are you still interested in receiving an answer?

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