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MIAMILAW1127
MIAMILAW1127, Lawyer
Category: Legal
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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Aggreement pay electric bill daughter just out of jail could

Customer Question

Aggreement pay electric bill daughter just out of jail could not live there keep gate locked dont drive on grass I would not fix anything as they only pay electric bill.I have yard dog.grass ruined furniture ruined door broke they want me to pay daughter moved in and is threatening me and electric company will soon turn off due to nonpayment.I am afraid of them I am almost 66 yrs old Bonnie Scot
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Bonnie, good evening. Can you please clarify for me what the situation is? Did you sign a lease for your daughter? Just trying to get a better idea of what is going on

Customer: replied 1 year ago.
No verbly agreement
Expert:  LegalKnowledge replied 1 year ago.

So you rented a home for her and the landlord and you had the agreement but she lived there?

Customer: replied 1 year ago.
No rented to couple daughter not to move in but did second month gate not locked by them and when someone stold their trailer they were texting me thinking it was me they ruined the grass wont pay electric bill so soon electric company will turn it off and that is mine to I am elderly what can I do I am afraid of them
Customer: replied 1 year ago.
I am frightened they threaten me every day
Customer: replied 1 year ago.
I can't call you as I have just given you all the money I can
Customer: replied 1 year ago.
With no answer to the problem
Customer: replied 1 year ago.
Please help
Customer: replied 1 year ago.
I am not sadisfied I keep writing but you have not helped
Expert:  LegalKnowledge replied 1 year ago.

I am going to opt out and allow another expert to help. I think it will be best. Please hold on

Customer: replied 1 year ago.
OK I didn't know it was 24 hrs
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am another expert on the forum.

I reviewed your conversation above, and I want to make sure that I understand the situation as best as possible.

  • Are you the owner of the property?
  • Are these individuals still in possession of the property?
  • If they have vacated, is there still personal property left behind?

If you are in fear of imminent physical harm (meaning you think they may harm you), you can get a civil restraining order against them: https://www.pinellasclerk.org/aspinclude2/ASPInclude.asp?pageName=domestic.htm (please note there are different types of restraining orders - you would be looking for the one specific to violent individuals as opposed to sexual partners or domestic partners).

If you are in fear if immediate harm (someone is at your doorstep) - please do not hesitate to call 9-1-1.

Customer: replied 1 year ago.
I am the owner. Yes they are still there the electric bill is due yesterday I believe in 10 days the electric company will turn it off for nonpayment there are two houses on this property but the electric bill is together how can I get a restrant order when they live in the other house on the same property
Customer: replied 1 year ago.
Why does every attorney want to opt out
Expert:  CalAttorney2 replied 1 year ago.

You will need to go through the unlawful detainer (eviction) process.

This starts with giving them notice.

If you have not done this before, I would recommend either (a) hiring a lawyer to represent you - it is going to help you do this quickly and efficiently (you are less likely to have your tenant beat the UD on a technicality or procedural error); or (b) use a site such as this one: http://www.landlordguidance.com/eviction-notice-forms/florida-eviction/ (it is a pay for use site that has all of the documents in a template format for you to use along with a flow chart to help you keep your documents on track).

The overall process will look like this:

  • Terminating a tenancy-

    1) Notice: The first step in any termination is giving notice, the landlord can simply give notice that they no longer want the tenant to live there (this is usually 30 days, or 60 days, and it can be done for no reason whatsoever, there is no fault, and while the tenant must relocate, they are not being "evicted" and there is no blemish on their rental history), they can give a "notice to pay or quit" (usually 3 day or 5 day depending on the state, and the tenant has this amount of time to pay rent that they missed or move out), "notice to "cure or quit" (the tenant has breached the lease - broken something, noisy, etc. and must stop it or fix it within the notice period, again 3 days, 5 days, or 10 days), or a "notice to quit" (this is a 3 day or 5 day notice that says the tenant has messed up so badly they can do nothing but move out within the notice period - there is no chance to "cure" - this often happens when there is illegal activity on the property).

    2) Unlawful detainer/forcible entry and detainer (this is the legal proceeding where the landlord goes to court and sues the tenant to get possession - the tenant has an opportunity to appear and defend the action, common defenses include improper notice, breach of the lease (such as failure to maintain the property - "inhabitable conditions"). If the tenant answers the complaint, the parties can take "discovery" from one another and get additional information before a court trial before a judge.

    3) A judgment of possession/writ of eviction - if the landlord wins the trial, they get a judgment of possession and the court will issue a "writ of eviction."

    4) Forcible eviction - this happens when the Sheriff or Constable serves the writ of eviction - some jurisdictions give a courtesy notice the day or two before the eviction, others do not, but the end result is the sheriff overseeing the landlord's movers removing all of the tenant's possessions from the property and placing them on the curb, and the tenants are forcibly removed from the property. At that point, the landlord can change the locks and the tenant can no longer return (They have been "evicted").

You can still get a restraining order against someone if you are in fear of imminent physical harm, and you can still call 9-1-1 if you are in immediate fear of harm.

Customer: replied 1 year ago.
What will happen when the electric company turns off the electric
Customer: replied 1 year ago.
They agreeded to pay it and this is to my house as well. I will be compermised
Expert:  CalAttorney2 replied 1 year ago.

Is the power in your name or in hers? (I understand that it was agreed that she would pay for it, but whose name is ***** ***** under)?

Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

If the power is in your name - you will want to continue to pay for the utility. You can pursue your tenants for the bill afterwards in a small claims action, but you will want to keep the utilities paid up.

If the power is in their name - you can contact the power company and ask them to transfer the utilities to your name, this will change financial liability to you for all prospective (future) billing, and you can ensure that your utilities will not be cut off.

If you are having trouble paying for your utilities - contact your local public benefits office (your power company may also have referrals) for public assistance. There are many different programs that can assist citizens to ensure that you do not lose power and/or gas.

Customer: replied 1 year ago.
They have been playing the electric bill since March I do not have enough money to pay it and they are on SSI so I will not be able to retreave funds from them this is why I have spent the money to write to you I feel as if I have no rights and I am about to loose all the food I have in my freezer
Customer: replied 1 year ago.
This has not helped me at all
Customer: replied 1 year ago.
The Bill is in my name but they have been playing it I can not afford my portion n theirs as well at this rate I will have to move out n in with my son I don't know what else I can do
Customer: replied 1 year ago.
This has not helped
Customer: replied 1 year ago.
Bot***** *****ne when the electric company turns it off for nonpayment what will happen besides all my food being ruined
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry that you feel this has not helped. I do believe that I have identified resources that can at least potentially address your situation - I do understand your situation is stressful, but if you work through it systematically you can begin creating a solution.

Unfortunately, I do not have control over the matter, and I cannot create money or unique remedies for you.

You can evict tenants that are not paying their bills, you can sue people who breach their contracts, and you can get restraining orders against people who threaten you physically.

I also provided information for you to help you deal with this situation with your power:

"If you are having trouble paying for your utilities - contact your local public benefits office (your power company may also have referrals) for public assistance. There are many different programs that can assist citizens to ensure that you do not lose power and/or gas."

Customer: replied 1 year ago.
How can you sue someone who has nothing
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

You can sue the defendants, get a judgment, and hold the judgment. If they become employed, receive money, or receive assets at some point in the future you can the enforce your judgment.

But you appear to have more pressing issues: you need to get these people off of your property (you appear to believe that they are now dangerous). You can do this by initiating the unlawful detainer process (and if necessary starting the restraining order process).

You also need to preserve your utilities. You can do this by applying for emergency aid/assistance.

Again, I am very sorry to learn of your situation, but I do not have control over it.

Customer: replied 1 year ago.
I know about getting a judgement from a person who has nothing you spend the money and time to get it and you have a worthless piece of paper that cost you money to get this site has been as useless as a judgement
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am going to "opt out" and allow another expert to follow up with you.

Please do not post any further at this time as it will delay the next expert's ability to follow up.

If you need any assistance in the meantime, please contact our customer service at: http://ww2.justanswer.com/help

Thank you for using our forum, and I do wish you the best of luck.

Bill

Expert:  MIAMILAW1127 replied 1 year ago.

Hello. I am going to be assisting you with your question today.

Please note: This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I have reviewed the previous conversations. How can I assist you?

Customer: replied 1 year ago.
I want to know about it ejection can I turn off the electric
Customer: replied 1 year ago.
What are my rights
Expert:  MIAMILAW1127 replied 1 year ago.

Since the bill is in your name, you are responsible for paying it. You also cannot let the electricity be shut off because they will say that is a constructive eviction you are bringing against them.

Also, because you don't have it in writing that they agree to pay the electricity, you are limited in whether you can come after them for the unpaid electricity bills.

Your best best would be to evict them because you are in a severe disadvantage in this situation.

Customer: replied 1 year ago.
I asked you the question about ejectment but for some reason you think I am a landlord because no one will answer it I am going to the courthouse to research ejectment if I had known that I would have to do the research myself I would not have spent the time on this site Bonnie Scot
Expert:  MIAMILAW1127 replied 1 year ago.

The reason I thought you were the landlord is because you said you are the owner of the property.

Expert:  MIAMILAW1127 replied 1 year ago.

I can continue to help you if you clarify for me if you actually own the property and if you are renting it to the people that are living there.

If you are not the owner or you are not renting them, I need to know so I can provide you with a better answer.

Customer: replied 1 year ago.
I own the property but the people do not pay rent only electric bill which they are not playing that either
Expert:  MIAMILAW1127 replied 1 year ago.

Right, but they reside on the property and they still have the same rights as a tenant, technically.

The only way to properly remove them from the property is to evict/eject them (eject in this case because they are a non-rent paying party). You cannot simply shut off the power because that is still a violation of their rights.

Do you have questions about the ejectment process?

Expert:  MIAMILAW1127 replied 1 year ago.

The following is typically the process for an ejectment:

"The process by which an action in ejectment follows is the filing of a complaint in ejectment to which the defendant has 20 days to file an answer. If they do not file an answer, you will then proceed with a motion for default. Once the default is entered by the court, a final judgment will be issued by the court ordering the person to leave the premises. If they do not leave the home, then a writ of possession will be issued to the sheriff and they will come to the premises and remove the person for you.

If they do file an answer to the complaint, a hearing will be set assuming they have followed the proper procedures set forth in the complaint. After a hearing (which they will ultimately lose, as there are little or no defenses to a properly pleaded complaint) the court will issue a final judgment and order the person to leave your home."

Customer: replied 1 year ago.
I will be out for the electric bill do you think the judge will make them pay it. I attempted to get my freezer from the house last night they said I could not have it I called the police but they would not open the door so the officer said there was nothing he could do they also will not let me see into the house
Customer: replied 1 year ago.
what happens if the electric company turns it off
Expert:  MIAMILAW1127 replied 1 year ago.

I think a judge would likely make them pay if you were to sue them in small claims court.

If the electric company turns off the power due to your nonpayment (since the utilities are in your name), you can be held liable for a constructive eviction. In other words, they could sue you.

Customer: replied 1 year ago.
I have just paid the electric bill.I must say I am not happy about this when I just left for work as I was going out the gate they have a lock that locks into my lock and again they have their key left in their lock I am so drained be all of this I did nothing if I knock on their door they won't answer it if I take the key they will say I locked them in I feel like a prisoner with no rights in my own house
Customer: replied 1 year ago.
Do I have any rights
Expert:  MIAMILAW1127 replied 1 year ago.

Yes. You have to sue them for damages and also eject them from the property so you can reclaim it.