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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 13003
Experience:  B.A.; M.B.A.; J.D.
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I have been living in a house for 9 years with the permission

Customer Question

I have been living in a house for 9 years with the permission of the owner not paying rent. He passed in AUG. and the his wife asked us to buy the house. To make a long story short. Started the loan process in Jan and had a run around with inspections and fixes so I can buy it. I paid for the repairs as issues came about, not the owner. Well they cancelled the contract on 19 july 2013. Then on the 24 july I receved a letter of saying they wanted us to vacate and pay back rent. Of the total of 5550.00 for back rent. I made a check out to them on the 26 July 2013 from my personal bank account. To the owner and in the memo I put for rent feb to july. What they asked for in the letter. My question is can they evict me if I paid the back rent. And willing to pay for Aug. Because I am in the process of buying a new house. Also can the refuse my check?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.

Could you clarify?

Was the notice you received, notice to pay back rent or vacate the premises at the expiration of the notice?
Customer: replied 1 year ago.

It says "Therefore, my client demands payment o rental amounts for your use in the amount of $925.00 per month for the months of February through July in the amount of $5,550.00"


This is from her lawyer. They also put in the letter that we are in unlawful possession of the above described premises and that my client has the right of possession to the property. Therefore, my client demands that you vacate the premises immediately.

Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information:

It says "Therefore, my client demands payment o rental amounts for your use in the amount of $925.00 per month for the months of February through July in the amount of $5,550.00"

This is from her lawyer. They also put in the letter that we are in unlawful possession of the above described premises and that my client has the right of possession to the property. Therefore, my client demands that you vacate the premises immediately.



Initial Post: I have been living in a house for 9 years with the permission of the owner not paying rent. He passed in AUG. and the his wife asked us to buy the house. To make a long story short. Started the loan process in Jan and had a run around with inspections and fixes so I can buy it. I paid for the repairs as issues came about, not the owner. Well they cancelled the contract on 19 july 2013. Then on the 24 july I receved a letter of saying they wanted us to vacate and pay back rent. Of the total of 5550.00 for back rent. I made a check out to them on the 26 July 2013 from my personal bank account. To the owner and in the memo I put for rent feb to july. What they asked for in the letter. My question is can they evict me if I paid the back rent. And willing to pay for Aug. Because I am in the process of buying a new house. Also can the refuse my check?


Response: The notice is ambiguous. It does not say whether you are being evicted for non-payment of rent or whether they just want you out. Since you have paid the back rent, you should go ahead and stay and let the Landlord's Attorney file eviction action against you. You would then defend by showing that you have already paid the back rent and the notice you received did not say that you could not stay if you paid the back rent. You should also go ahead and pay the rent for August to be on a safe side. You do not want to be owing any rent when the eviction case is filed. However, they may refuse the check, but you should keep the check as evidence that you have attempted to pay your rent on time if or when eviction action is filed against you.


There is no self-remedy to eviction actions in Florida. This means that the Landlord’s agent (“Landlord”) cannot change your locks, shut off your utilities in order to force you out. The Landlord must file eviction action in Court and obtain a Writ of Possession in order to remove you from the premises. See Florida Statutes Section 83.59

http://www.flsenate.gov/Laws/Statutes/2012/83.59


Once the eviction action is filed in Court, you must be served with the Summons and the Complaint so that you would get the opportunity to respond to the Complaint and tell the Court why you should not be evicted or be given a little time to move. But see Florida Statutes Section 83.60. Also see Florida Statutes Section 83.56:

http://www.flsenate.gov/Laws/Statutes/2012/83.60

 


http://www.flsenate.gov/Laws/Statutes/2012/83.56

If you need an Attorney, you can use these links to find Florida Attorneys that handle Landlord and Tenant issues:

http://www.lawyers.com


http://www.justia.com


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Phillips Esq.
Phillips Esq.
Real Estate Lawyer
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B.A.; M.B.A.; J.D.