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legaleagle
legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13441
Experience:  Attorney-Business degree from The University of Texas
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I received an eviction notice from my apartment in Delray Beach

Resolved Question:

I received an eviction notice from my apartment in Delray Beach today, in my mailbox.
The document, which was sent from a law firm in Miami, states that this document was to be served by a sheriff.
I was never served.
Per my lease agreement, my rent is considered late after the third day of the month.
In 14 months I was late twice by about 2 days and paid the appropriate late fees.
I have been ill and was in the hospital for 2 months and I just lost my job and I am in the process of filing for disability, however, while I was in the hospital, my rent was not late as I had someone to deliver my payments to my development's leasing office.
Per the date of the document, I need to start making payments to the court in Delray Beach tomorrow. My lease is up January 31st. I have been given 5 days to file a dispute.
My 5 days is up tomorrow and I do not know what to do! Ironically, yesterday, I received a Happy Anniversary letter from the leasing office stating that I was a valued tenant and would I like to renew my lease!
Is this fair?? I have alot on my plate right now, and the stress is too much.
I was told that unless I contest the proceedings, and start making payments within five days, which end tomorrow, I face eviction without a court appearance.
I have all my belongings here and in order to move back to Pa., I need financial help from my Family to move. I am single.
Please help!
Submitted: 3 years ago.
Category: Legal
Expert:  legaleagle replied 3 years ago.

legaleagle :

File your response tomorrow and provide a copy of your payments that they are saying they did not get. Also, take a copy to the leasing agency and try to work it out with them. But make sure you file the original with the court to stop the eviction. It seems they have no grounds but unfortunately since they started the process you will have to defend against it and show that they can not evict because you have paid.

legaleagle :

You can also dispute that it was not served properly but since you did receive it, it is better to err on the conservative side and respond rather than ignoring it.

Customer :

May I ask what other documentation, aside of the proof of payment I need to bring?

legaleagle :

A copy of your lease showing the due date and the late payment date.

Customer :

Also my Father paid my last months rent but they still have not cashed his check and will not speak to him.

Customer :

The legal document states that I am being evicted for not paying Novembers rent until after the 4th of November, but my Father has the FED-EX receipt that the main office signed for.

legaleagle :

You would need an affidavit from him that he sent the check and copies of the fed ex receipt to show that they received it.

Customer :

Do I have any legal grounds to use the letter I received yesterday about being a good tenant and asking if I wanted to renew my lease for next year? This seems so crazy!

Customer :

I will be at my Doctor's tomorrow and need to get testing done. What if I am late making it to the courthouse before 5 P.M.?

legaleagle :

Yes you can include it to show that they are willing to release so the eviction may be groundless.

Customer :

What about the fact that I received the "summons" in the mail, and it mandates that it was to be served by a sheriff?

legaleagle :

It is improper service and you can argue that but you need to argue it to the court rather then ignoring it.

Customer :

In your opinion counselor, will this go to court?

Customer :

Should I retain an attorney?

legaleagle :

If you respond with the evidence the court should dismiss it due to lack of grounds. You only need an attorney if the judge actually sets it for hearing.

Customer :

I have so much on my plate right now with my health right now and this is not helping. Can the leasing office authorize the court to drop the proceedings?

legaleagle :

Yes they can have the petition dismissed.

Customer :

Thank you for your guidance. Needless to say, I will NOT renew my lease! :)

legaleagle :

You are welcome.

Customer :

God Bless

Customer :

Sorry counselor, one last question. As my oversight, the letter I received yesterday about my lease renewal states that I needed to let them know by sixty (60) days prior the end of my lease which is 1/31/11. Do you think that this deliberate to make my notice so close?

legaleagle :

More than likely it is. You need to give notice that you will not renew asap so that you give the 60 days notice and they do not try to charge you for an extra month for failing to give the 60 day notice.

Customer :

Thanks much!

legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13441
Experience: Attorney-Business degree from The University of Texas
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