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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34288
Experience:  16 years real estate, Realtor. Landlord 26 years
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I own an LLC which is a tanning salon and spa in manatee

Customer Question

I own an LLC which is a tanning salon and spa in manatee county. The location has been active for 10 years. This summer we missed a couple of rent payments. Never more than 90 days late. Around Sept the 1st we sent the landlord a proposal with a very definitive action plan on how to address rent arrears and continue to make timely rent payments. We received no response from our landlord, nor did they take any legal action at that time. After a quiet period, we paid our rent in Oct. and shortly after the 1st of the month, we received a 3 day notice. 3 days passed with no communication from the landlord. We have repeatedly asked the landlords current rep for a ledger so we can determine the current arrears due, and again, no response. Today, Monday, we were served an eviction summons giving us 5 days before they evict us. The document filed with the court and copied to us did not have a detailed statement of accounting showing where they have the dollar amount of damages requested in court. Our question is; should we retain legal counsel to prevent any disruption of our business operation and what immediate steps can we take with legal representation to delay or eliminate this lawsuit as we are fully committed to bringing the arrears current on our rent. We were served today Monday. We need advice on what emergency measures we can lawfully take to delay or eliminate this lawsuit.
JA: Can you tell me what state the LLC is registered in?
Customer: florida
JA: Has anything been filed or reported?
Customer: the papers we were served with today shows the lawsuit filed in manatee county last week.
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes we have been asking for a current ledger to show past rent due and they have not responded.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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When the landlord gave you the 3 day, did it have a specific amount that they are claiming that you owe for back rent?

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If so, you were not able to pay that amount within the 3 days, correct?

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And the summons you were served with today is to go to court in five days for your hearing, correct?

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thanks

Barrister

Customer: replied 3 months ago.
it had an amount.
yes specific amount was listed..see below
No, we were not able to pay the amount, because it was a ridiculous amount, since they apparently accelerated the lease.
the amount due went to $31,000 owed from a max of $6000 actually owed based on previous ledger sent by tenant in september
and
yes the summons is a textbook form letter saying we must appear in court in 5 days from date served which is today
or satisfy the steps outlined which obviously not possible because of ridiculous amount since they accelerated the lease.
is ridiculous becauseThe summons asked us to
Customer: replied 3 months ago.
did you recieve previous message
Expert:  Barrister replied 3 months ago.

Ok, whether they can accelerate the full amount due depends entirely on the terms contained in the contract. If the lease doesn't state that, then they can't demand it.

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But at this point, your only recourse would be to go to court and ask the judge to refer the case to mediation to see if it can be settled prior to the judge actually hearing the case. If the landlord won't agree to settle the case in mediation, then you would have to attack the amount they are claiming is due as improper and ask the judge to dismiss the case since the landlord didn't put the correct amount on the 3 day.

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If the judge did dismiss it, then the landlord would have to send you a 3 day notice again with the correct amount and then you would have the 3 days to pay it. If you couldn't pay it in full and the landlord won't accept less, then they could proceed to another court hearing.

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thanks

Barrister

Customer: replied 3 months ago.
thank you for that good strategic advice
2 more questions
do you have someone to refer us to in manatee county for legal counsel
and
at this point are we crazy to send them more money towards arrears instead of saving money for legal counsel
in other words
if we cant pay it all why would we pay anything at all at this point in the legel progress
Expert:  Barrister replied 3 months ago.

do you have someone to refer us to in manatee county for legal counsel
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Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need foreign counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

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www.martindale.com

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www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

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at this point are we crazy to send them more money towards arrears instead of saving money for legal counsel
in other words if we cant pay it all why would we pay anything at all at this point in the legel progress

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I tend to agree with you on this point... So I would save up my money so you have a lump sum to offer at mediation if he will agree to some type of payment plan for the actual amount due. (not the fictitious accelerated figure) If he won't agree, then I would state that you will likely just have to file bankruptcy and tie things up for 6 months or so. He knows that he will likely get nothing if you were forced to file BK and also lose several more month's rent, so that can give you some leverage in mediation to negotiate something out..

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thanks

Barrister

Customer: replied 3 months ago.
thank you for your time
we may confer with you in the future
Expert:  Barrister replied 3 months ago.

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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