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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31021
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am being evicted unauthorized occupant that doesn't

Customer Question

i am being evicted for an unauthorized occupant that doesn't reside here. We are legally still married but not currently living together. The HOA looked his tags on his vehicle up and now assume he lives here. How can I prove otherwise to the judge when I go to court? Also I was served a 3 day violation to comply when it should be a 7 day non- compliance curable violation and I paid rent the same day they filed the eviction complaint.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Roger replied 7 months ago.
Hi - my name is ***** ***** I'll be glad to assist.
The best proof you could produce is your spouse's testimony. If he appears and tells the judge he doesn't live there and provides his actual address, that's solid proof that the landlord likely can't combat.
Expert:  Roger replied 7 months ago.
Also, you can testify and also take pictures of the interior spaces to show that none of his things, clothes, etc. are inside your home.
Expert:  Roger replied 7 months ago.
Please let me know if you have any additional questions. Also, please take time to positively rate our conversation. Thanks again!
Customer: replied 7 months ago.
Ok, so the incorrect notice they served me as 3 day and not a 7 day and the fact I paid rent and they accepted it is not a good enough defense.
Expert:  Roger replied 7 months ago.
If the notice you received was improper, that's a good defense......because if the initial notice provides the wrong timeline, then everything stemming from that initial notice is based on the flawed notice.......
Expert:  Roger replied 7 months ago.
So, that's your best defense to all of this......but who knows what the judge will do with this. Although your claim that the notice was wrong should really be a valid precedent to claim that the whole process is invalid. Also, your payment of rent shows your good faith and that you considered the notice to be faulty/improper.
Customer: replied 7 months ago.
Yes, the notice was a 3 day which in Florida is only for non payment of rent which doesn't apply to this case. The needed to serve me a 7 day non- compliance for anything other than non payment of rent curable violation. Is that correct for the state of Florida. I've read a lot into this and just want to make sure.
Expert:  Roger replied 7 months ago.
Yes, a 7 day notice is required for lease violations: http://www.nolo.com/legal-encyclopedia/eviction-notices-lease-violations-florida.html
Customer: replied 7 months ago.
No I have bank statements and other proof that he resides elsewhere. I also letters from his boss, because he does have a job that requires him to travel. He not on any of the utilities for this address or received mail here.
Expert:  Roger replied 7 months ago.
Thanks for your question and please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting.
Customer: replied 7 months ago.
One more question I was told that I just needed to bring what ever evidence I have to court that day. Do I have to file this with the court before the trial?
Expert:  Roger replied 7 months ago.
Usually, with a small claims case, you're not required to file a response or anything before court.....but you can look at the summons to see what it says about filing a response AND you can call the court clerk's office to verify.
Expert:  Roger replied 7 months ago.
Thanks again for allowing me to assist and good luck to you!Also, please remember to issue a positive rating so I will get credit for assisting you.
Expert:  Roger replied 7 months ago.
If you need anything further, please authorize additional time.....if not, please positively rate our conversation so I may receive credit for assisting. Thanks very much!
Expert:  Roger replied 7 months ago.
Hi - please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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