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I am a landlord and I have been renting a property to a

Customer Question
couple for the past 5...
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: 2 years ago.Category: Landlord-Tenant
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Answered in 3 minutes by:
12/16/2015
Lawyer: MIAMILAW1127, Attorney replied 2 years ago
MIAMILAW1127
MIAMILAW1127, Attorney
Category: Landlord-Tenant
Satisfied Customers: 755
Experience: Founding Partner at Moises Law, P.A.
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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?

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Lawyer: MIAMILAW1127, Attorney replied 2 years ago

Also, is this a rent controlled area?

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Customer reply replied 2 years 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
Lawyer: MIAMILAW1127, Attorney replied 2 years 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."

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Customer reply replied 2 years 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
Lawyer: MIAMILAW1127, Attorney replied 2 years ago

You cannot accept payment if you plan on evicting them.

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Lawyer: MIAMILAW1127, Attorney replied 2 years ago

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

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Customer reply replied 2 years 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
Lawyer: MIAMILAW1127, Attorney replied 2 years ago

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

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Customer reply replied 2 years ago
Okay thank you.
Lawyer: MIAMILAW1127, Attorney replied 2 years ago

You are very welcome.

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Lawyer: MIAMILAW1127, Attorney replied 2 years ago

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

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Customer reply replied 2 years ago
Should I get a certificate of occupancy for this property even though they are still in it
Lawyer: MIAMILAW1127, Attorney replied 2 years ago

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

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MIAMILAW1127
MIAMILAW1127
MIAMILAW1127, Attorney
Category: Landlord-Tenant
Satisfied Customers: 755
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Experience: Founding Partner at Moises Law, P.A.

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