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MIAMILAW1127
MIAMILAW1127, Lawyer
Category: Real Estate Law
Satisfied Customers: 731
Experience:  Founding Partner at Moises Law, P.A.
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I am a landlord and I have been renting a property to a

Customer Question

I am a landlord and I have been renting a property to a couple for the past 5 years. in the last 8 months they begin paying partial rent. They had many excuses so I was trying to help them out. so finally I filed for them to be evicted. We was down to the last 3 days before eviction process was finished and they came back with I didn't have a certificate of occupancy. And they wanted me to pay them $10,000 for relocation. all this time I was trying to help them out and it backfired on me. what is my recourse. I don't want anything from them. I just want them out
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  MIAMILAW1127 replied 11 months ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only 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.

Is the unit an illegal rental unit or could it be considered uninhabitable?

Expert:  MIAMILAW1127 replied 11 months ago.

Also, is this a rent controlled area?

Customer: replied 11 months ago.
It's a home in a residential area. I used to live there For 10 years.yes it is habitable they have been living there 4/5 years
Expert:  MIAMILAW1127 replied 11 months ago.

"Landlords of illegal units can evict tenants who refuse to pay rent by taking the same action as landlords of compliant units. However, they cannot claim past due rent. In rent-controlled areas where the tenant is entitled to relocation assistance, the money remains due even if the property is illegal. The tenant can also file a claim against the landlord for the return of previously paid rent. The caveat is if the tenant is herself at equal fault, for example, because she knew about the requirement for a Certificate of Occupancy and was aware that the landlord didn't have one when she signed the lease."

Customer: replied 11 months ago.
I did try to evict herbut they said because I accepted the partial payment the eviction is no good. So I'm trying to see what is my recourse at this time. I'm about to lose my home over this
Expert:  MIAMILAW1127 replied 11 months ago.

You cannot accept payment if you plan on evicting them.

Expert:  MIAMILAW1127 replied 11 months ago.

What you should do is not accept payment and re-send the notice and re-file the eviction.

Customer: replied 11 months ago.
I know this now. that's what I get for helping people. So do I have to pay all over again all the money for eviction
Expert:  MIAMILAW1127 replied 11 months ago.

You would need to pay the filing fee to refile the eviction.

Customer: replied 11 months ago.
Okay thank you.
Expert:  MIAMILAW1127 replied 11 months ago.

You are very welcome.

Expert:  MIAMILAW1127 replied 11 months ago.

Please don't forget to rate my response at your earliest convenience.

Customer: replied 11 months ago.
Should I get a certificate of occupancy for this property even though they are still in it
Expert:  MIAMILAW1127 replied 11 months ago.

You can try, but at this point it is irrelevant.