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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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Do I have a legal case against my landlord here at Newport

Customer Question

Do I have a legal case against my landlord here at Newport Colony, Casselberry Florida? I have been a tenant at this complex for 4 years and have never been late making a payment. I lost my job in April and I am going to court this Thursday for my bankruptcy hearing. My lease is up next week on Oct 18th and so instead of my normal amt of $981, I was told to pay $569.61. Unfortunately was unable to pay on time this one time and one day after the 5 day grace period (Oct 6th) I received a THREE DAY NOTICE FOR DEMAND PAYMENT OF RENT OR POSSESSION OF PREMISES. As if that weren't bad enough, the notice is demanding payment in the amount of $1070.10 and this is only one day late? I was supposed to pay $569.61. A 3 day notice for someone who has been a tenant for so long, never late? The manager Tammy was mad last week because I asked for a final walk-through before I leave to assess any damages they may claim when I leave, she denied request and was very rude. Please advise if I have a case!
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 8 years ago.

Hello,


Thank you for your question. I am happy to assist you.


The landlord is in violation of the automatic stay of the bankruptcy court.


You can consider requesting your bankruptcy attorney to serve a Notice of Automatic Stay on the landlord. This will force the landlord to stop legal action against you without first obtaining permission from the bankruptcy court.


I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLAandNYLAWYER


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