LADYLAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.
LADYLAWYER : In a landlord/tenant dispute over a breach of lease agreement, a contempt motion would not be the proper remedy here. Your mom is going to need to give the tenants a Notice to Cure Breach or Quit and if they don't cure all the breaches, she is going to need to find another attorney and file an unlawful detainer action to have them evicted.
LADYLAWYER : The bankruptcy issues a temporary stay on all lawsuits, including evictions, but a simple motion to lift the stay to allow the eviction proceeding is all that needs to be filed here.
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LADYLAWYER : *out
Ps this is the third attorney we have secured since 2008!
LADYLAWYER : I am sorry to hear that. Wish I was still practicing in Tampa and I would help. But no one really has control over their attorney and it sounds like you've had a string of them that have maybe helped legally but have poor ethical standards.
LADYLAWYER : In any case, your mom does need to move forward with the proceeding for eviction and I would not sign any more agreements with this couple. Just get them out. FL is a pretty landlord-friendly state so it shouldn't be hard.
Unfortunately she is in Arkansas and I reside in Tampa - over 1000 miles away so presents a problem trying to help her thru this nightmare!
LADYLAWYER : Ah, I see. That does make it more difficult. But Arkansas is also landlord-friendly and even if it wasn't, all states are clear that when a tenant is in breach of a lease agreement, the proper procedure is to serve a notice telling them to cure or quit. Since I am sure Thea e tenants don't plan to cure anything, your mom can then move ahead on the unlawful detainer lawsuit. It is the only way to legally force them out at this time.
Would this be a fairly quick action? This has dragged on for so long and has taken a tremendous toll both physically and emotionally on my mom. She's afraid to leave her own house. Even other neighbors are afraid of these people because they have had things stolen from their places, cattle have been stolen and there have been four neighbors dogs that have gone missing and two turned up dead - found at the bottom of a cliff. That's the "kind" we are dealing with. We are concerned they have locked things up for a long time with the bankruptcy and it seems like nobody wants to take them on, including the sheriffs dept. The defendants are very knowledgeable and know their way around the law and the legal system. Do you feel the eviction would be put into action quickly and resolve the problem so she can just be done with them?
LADYLAWYER : Yes, it is very quick. Depending on the lease agreement she has with them, the notice to cure or quit will only give them anywhere between 3-7 days to cure all the breaches. If the do not, the unlawful detainer action can be filed the very next day afypter the time period in the notice is up. If they file a motion requesting a stay of the eviction due to their bankruptcy, a counter motion can be filed the same day or the very next one. The whole process should take less than a month and may be as quick as a couple weeks.
LADYLAWYER : Sorry for the typos. On my ipad without my keyboard.
Okay I will pass this information on to my mom and hope she can actually speak with the attorney today so she can move forward. She dropped off a copy of the bankruptcy notice she received and left a couple messages, sent an email since last week and still has not heard back from him. We called again yesterday to ask that he call her and was told he was in court. Should she just make an appointment to set up the unlawful detainer and get that going?
LADYLAWYER : Yes, she needs to make an appointment to see her attorney if she does not want to find another one. She can start the ball rolling by giving the tenants the Notice to Cure or Quit, but the Notice cannot be defective or she will have a serve another one all over again. If she is not familiar with how to serve a proper notice and how much time she has to give them based on the lease and the statutes, then it is best if she let her attorney handle that part.
LADYLAWYER : The cure or quit notice will look similar to this: http://www.netplaces.com/landlording/sample-forms-and-worksheets/cure-or-quit-notice.htm
LADYLAWYER : But again, she needs to give them the proper amount of time to cure or quit based on the lease and/or the statutes. If she is not sure about that, it is best to let the attorneys handle it.
Okay thank you so much for all of your help! I wish you could represent my mom! You have been way more helpful than all three of the attorneys we have secured!!! Will certainly select excellent service and submit for you! Thank you again!
LADYLAWYER : Thank you so much for your kind words. I hate to hear about attorneys de-valuing their clients but it happens all the time. It's such a shame.
LADYLAWYER : Best wishes to you and your mom. And please feel free to come back to this thread to update me or ask me more questions--no further charge.
LADYLAWYER : i have enabled the rating system now. The chat will be saved and you can come back to view it any time after you have rated my service. Thanks so much!
I agree and innocent people have absolutely no rights anymore - these people have gotten away with murder for years! Will this action remedy all of the no trespassing signs and gates and fence the defendants put up yesterday or is there another avenue she should go with that?
LADYLAWYER : Yes, it will take care of that. Once the court enters the eviction order, they will have 24 hours to vacate or will be forcibly removed by the sheriff.
LADYLAWYER : It won't matter what signs they have up, the sheriff will go onto the property and remove them if they haven't left.
They have filed chapter 12 and they have five farms listed in their names. Does chapter 12 protect them from my mom filing the eviction notice and default?
LADYLAWYER : As I mentioned, an automatic stay will be issued when a bankruptcy is filed BUT if they have breached the lease, the law does not allow them to remain in a residence hiding under the protection of bankruptcy. A motion to lift the stay needs to filed and the court should let the eviction proceed.
LADYLAWYER : I need to sign off for my day job soon--duty calls--but if you have any more questions, please feel free to list them and I will answer them just as soon as possible. I will check back a little later today to see if you need any further assistance. Thank you so much!
LADYLAWYER : Anything that needs to be addressed ASAP before I sign off?
Sorry I was on the phone with my mom and she is asking a million ?s! Thank you I have passed info on to her. Thanks for your help and have a great day!
LADYLAWYER : You're welcome! Does she have any further questions at this time before I sign off?
LADYLAWYER : Okay, gotta run now. Any further questions, please let me know. If not, please don't forget to leave a rating before you leave. Thanks!