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RobertJDFL
RobertJDFL, Attorney
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Experience:  Experienced in multiple areas of the law.
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I am being sued by the owner of the house where I reside. There

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I am being sued by the owner of the house where I reside. There is no signed lease obligating me to pay rent on the property, we had a verbal agreement that we would pay $1600 to live Decemeber thru April and the money orders proving this amount was paid. I have a letter signed by the owner giving his daughter, her fiancee, myself and my fiancee permission to live in this residence, with no monthly monetary agreement. Myself, as well as my two boys are medically disabled and my fiancee is unemployed. The house is under foreclosure and the owner of the house is trying to sue me for rent of $800 due from December to April.The Suit noticed was taped to my door it was never handed to me personaly. What are my legal rights?

Please help, need advice on how to proceed.

Adriana Berrios
XXX-XXX-XXXX
Submitted: 4 years ago.
Category: Legal
Expert:  RobertJDFL replied 4 years ago.
Thank you for your question.

Depending on what state you are in, service of the lawsuit may have been improper, in which case you could file a motion to dismiss the case based on said improper service. But, that wouldn't get rid of the matter -the court would allow them to re-file, so it's a temporary measure.

Assuming service was proper, you need to answer the lawsuit within the time allowed by law (again, this varies by state, but it should say on the summons something like "an answer must be filed within 5 days."). If you don't file an answer, the owner can ask the court for a default judgment.

Once you file an answer with the court, it will be set for "trial" (more like a long hearing) in front of a a judge who will examine evidence, listen to each party and make a determination. Given that you have a letter from him stating you may stay in the house through April for $1600, and you can prove that the monies were paid, I don't see a judge evicting you.

At the very least, from the time you file an answer before you get to court is probably about a month, so you have time to make other plans, just in case.

Please click on the ACCEPT BUTTON for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you-no payment for my time and effort is made until you click accept. A BONUS TIP is also appreciated. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

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DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.

This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.
Customer: replied 4 years ago.

I reside in the state of Florida. In the documents that were taped to my door is a supposed lease agreement that shows no address of residence and it is not signed by me.

Expert:  RobertJDFL replied 4 years ago.
Thank you for your reply.

Service by posting could be valid in this instance, if the process service had made at least 2 previous attempts, each at least 6 hours apart, but could not find you at the residence. Then service would be valid pursuant to Section 48.183 of Florida statutes. The summons must also include the time and date of service or it's not good service (and many process servers leave that out).

The lease agreement only bolsters your case. The judge isn't stupid, and the first thing he or she is going to see is an unsigned lease -no meeting of the minds, and no proof that the lease was even yours.

You have 5 days from date of service to file an answer in Florida on an action for eviction/possession. As I mentioned previously, once you file an answer, it could take weeks to get to court, and based on these facts, I can't see the owner winning this dispute.

Please click on the ACCEPT BUTTON for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you-no payment for my time and effort is made until you click accept. A BONUS TIP is also appreciated. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please click on REPLY (not "Re-list") and I will be happy to assist you further.

Remember that the correct answer is not necessarily always the one you may want to read, but it is important that I give you the most legally correct answer for your situation based on the facts you have provided, so please be courteous when deciding whether to accept an answer and when leaving feedback.


DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.

This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.
Customer: replied 4 years ago.

Can you advise me how to reply to this claim? The documents that were taped on my door ask for me to explain why I should not be forced to move.

 

Also, I know that the said owners of this property, by whom we are being sued, are lyers and cheats. If we were to findout that this are not true legal documents, is there any legal actions I can take against them?

Expert:  RobertJDFL replied 4 years ago.
Well, I can't specifically tell you how to answer the complaint, especially since I don't have it in front of me to look at.

Essentially, for each paragraph in the complaint, you have to "Admit" or "Deny" the validity of the statement.

Your heading of your answer is the same as the complaint. Fill in the case number XXXXX the summons. The caption heading would be "Answer to Plaintiff's Complaint" or "Answer". Then you simply number down, like so:

1. Admit
2. Deny
3. Admit for jurisdictional purposes only
4. Deny

And so on and so forth -obviously, only you know what statements are true and which are false. It's also possible to have a statement be both (e.g., "Admit that Defendant moved into the home on December 1, 2009, denied that Defendant agreed to pay $800 a month in rent.").

As long as you file some form of an answer within 5 days, that should be enough to get a court date. Ask the Clerk of Court about that when you file your response; the plaintiff will have to set it and send out a notice.

There's really not much you can do about the lawsuit -anyone can bring a lawsuit. Now, if you find out that they have slandered you or made false statements about you to other people and you have suffered damages as a result, you could seek to sue for defamation, but such cases are expensive and difficult to prove. Better to first deal with not getting evicted.


Please click on the ACCEPT BUTTON for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you-no payment for my time and effort is made until you click accept. A BONUS TIP is also appreciated. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please click on REPLY (not "Re-list") and I will be happy to assist you further.

Remember that the correct answer is not necessarily always the one you may want to read, but it is important that I give you the most legally correct answer for your situation based on the facts you have provided, so please be courteous when deciding whether to accept an answer and when leaving feedback.


DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.

This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 10266
Experience: Experienced in multiple areas of the law.
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