How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask P. Simmons Your Own Question

P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 27127
Experience:  12+ yrs. of experience including real estate law.
11181181
Type Your Real Estate Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

I was served with an ejectment in Palm Beach County. Should

Resolved Question:

I was served with an ejectment in Palm Beach County. Should I even bother to submit a response? I have no place to go, I was hoping to stall the process until after tax season (I just started working for a CPA & want to save up some money, so I WILL have someplace to go, I'm only asking for 3 and 1/2 mos.). I'm a 35-yr.-old female, and the man ejecting me is a dirty old man who's angry that a relationship never developed between the two of us. I've lived here for over 4 years. For over a year now, when he gets angry and verbally abusive, he would scream at me to get out. The next day, he would act as if nothing happened, even aplogize sometimes. I thought this was another one of those scenarios, until I was served with the papers. He never even sat down and talked to me. I would have paid rent, if he'd asked. Anything I can do?
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  P. Simmons replied 5 years ago.
Are you in a lease or is this a month to month rental?
Customer: replied 5 years ago.

He holds the mortgage, there is no lease. I cooked, provided child care, mowed the lawn, did laundry, shopping, etc. in exchange for living here. That's why it was an ejectment, not an eviction...

Expert:  P. Simmons replied 5 years ago.
Thanks

You can fight this, but the court will likely rule on the side of the property owner unless you can prove improper conduct on his part. From your description I do not believe you will have this. Regardless, you will have a tough time dragging this out more than a few week...I suspect that 3+ months would be very difficult to achieve.

From the statute

The defendant has 20 consecutive calendar days from the date the Sheriff’s Office served the defendant to file a response to the petition. You should receive a copy of the service affidavit from the Sheriff’s Office indicating what day the summons was served. If the defendant is not served the case cannot proceed



SO it may be time to look for a new place







Customer: replied 5 years ago.
Right, but would it be in my best interest to file the response, or to NOT file it? What will happen next, in each scenario? And does it not matter that I have proof of making mortgage payments, in the past? I can't seem to find much information about this online.
Expert:  P. Simmons replied 5 years ago.
Sure

If you respond, the train keeps a rollin...and a trial date will be set.

It will not matter much that you have paid in the past...a property owner has the right to determine who lives in his property as long as he makes this determination in a legal manner...so if he was kicking you out because you complained of no heat, this could be considered retaliatory eviction and may be a valid defense. But unless you can show that he is ejecting you for an improper reason, it is unlikely you will prevail


Customer: replied 5 years ago.
If a trial date is set, who pays the court costs?
Expert:  P. Simmons replied 5 years ago.
Typically the filing party will pay, but they can ask the court for the defendant to pay and the court can grant this request.


Customer: replied 5 years ago.
My response is supposed to be in Monday. If I don't submit one, how long do I have to get my belongings out of the house?
Expert:  P. Simmons replied 5 years ago.
If you do not submit, the owner can petition the court for default judgment...so this could happen as soon as he can get into court...I suspect a week or less. Then there will be the order that will be given to the sheriff...then a day or so later the sheriff will be at the door

I would say you have a week or less


Customer: replied 5 years ago.
Does that cost him money? How much time will I have if I DO submit a response?
Expert:  P. Simmons replied 5 years ago.
Really the timeline is not so much different. If you respond the court has to set for trial, this may take 2 weeks, but really will depend on the court calender. They will not drag this out much nor will you be able to continue for long at all.


We will have to pay to file and serve, the cost is nominal and if you have a response it is likely he has already paid


Customer: replied 5 years ago.

Thanks. XXXXX get a transcript of this?

Expert:  P. Simmons replied 5 years ago.
Not sure, But I will send to the admin folks who can let you know







Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the green accept button, its the only way I get credit for my work.   

Customer: replied 5 years ago.

Okay. Sorry, just one more thing... If I DO submit a response, they will schedule a hearing. If I don't show for the hearing, that's just default judgement for the homeowner, correct? No repercussions for me?

Customer: replied 5 years ago.
Are you there?
Expert:  P. Simmons replied 5 years ago.
You would have a judgment against you unless you leave.

This judgment could show up on your credit report, so that is one consideration. If there is never a case, there would not be a judgment


P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 27127
Experience: 12+ yrs. of experience including real estate law.
P. Simmons and 7 other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.
 
 
 

Related Real Estate Law Questions

Chat Now With A Real Estate Lawyer
P. Simmons
P. Simmons
Attorney
2563 Satisfied Customers
12+ yrs. of experience including real estate law.