Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant
This answer was rated:

Be a Florida attorney Based on the attached dockets, is it

Please be a Florida attorney Based...
Please be a Florida attorney
Based on the attached dockets, is it possible that the tenant (plaintiff) filed a motion for substituted service? After seven attempts, court has not been able to serve landlord (defendant). Notice there was a hearing on September 11, that never took place because there was a hurricane in town. Could this hearing be the result of a substituted service motion or notice?
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 1 minute by:
9/21/2017
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 29,026
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Ask Your Own Landlord-Tenant Question

Good afternoon. It does not appear that was done. It is likely that the hearing date was set ahead of time and they would have needed to appear to show efforts made to serve the Defendant. If court was cancelled because of Irma, the dates should be reset and a new date to appear would be set.

Ask Your Own Landlord-Tenant Question

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 months ago
Thank you
Q1. In your experience, do most tenant-plaintiff from small claims court, file the motion for substituted service, if landlord cannot be formally served, but an address exist? Q2 In your experience, what would be the average time elapsed, between the filing of the motion for substituted service and the docs been dropped at the defendants address?

Substitute service would be serving someone who is 18 or over at the residence, who resides there. That could happen the first time they try to serve the defendant. It would be publishing on them, which would result if good faith efforts have been made to serve them and they can not be found. The Judge would allow this.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 months ago
Does a motion need to be filed in order to proceed with substitute service?

No, substitute service would be in a situation whereby the defendant was not home but a spouse or a roommate or someone else who lives there was. They could be served the summons and complaint. No motion needs to be filed for that to happen.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 months ago
Based on your last comment, substitute service could have been performed already as the server has been seven times to the defendants address and the fact that, as per dockets, on 8/22 a "notice was left at the door". However in your first comment you said it seems as if substitute servce hasn't happen yet. In support of that is docket entry from 8/30 saying "Summons returned - No Service" Q2 Can you review the dockets again (two PDF docs attached initially) and determine which way it seems it is?. Q2 Another attorney here told me a motion needs to be filed to perform "substitute service". Can you double check on confirm whether that is correct or not?

Left at the door is not served upon an actual person. It would be up to the Judge to decide if leaving the summons and complaint was proper, since there is no evidence to show the person received it and is on notice, which is the point of service. I think by motion they may have meant affidavit, advising that there was substitute service.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 months ago
20 September 2017 09:21
Asad Rahman
Lawyer
In this situation you have to file a motion for substituted service wherein you ask the judge to allow you to leave a copy of the lawsuit on the door of his residence or with an adult over the age of 18. Most judges will agree if you have done due diligence in terms of trying to sue.
++++++
The above was written to me today and it contradicts your opinion. The question is, can the copy of lawsuit be left at the door if doing substitute service? If so, is it possible and or likely it was already done, based on the dockets info? Please review law if needed before answering me. if by any chance you have to admit he is right, I will give you 5 anyways, I need the truth as best you see it

Please review and start on page 7

https://www.jud11.flcourts.org/docs/PROCESS%20SERVER%20MANUAL%202012.pdf

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 months ago
I made a request to call about 2 hours ago, but here is what I need
Substituted service seems required to be in person as you said. I have to conclude the other attorney was wrong. If you disagree please comment
Defendant is a corporation. The only name in public records (president & registered agent at the same time) does not reside on corporate address. Corporate address is residential and someone else with same last name resides there, and he is the one that cannot be served. Q1 Can President be served at his residential address? His personal address is in public records and is nearby.
Q2 On Constructive service, what is the likelihood of it happening on a small claims court case where the demand is for $2,200? Approximately how much is the cost to file it? If plaintiff filed as indigent, will court pay for it?
Thank you for the reply. The site requires these new questions to be posted as new so I would just kindly ask that you rate my help at this time and post the other questions as new since they are outside the scope
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 29,026
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
Verified
LandlordTenantAnswer and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Customer reply replied 2 months ago
I am going to do it now. Can you step in soon enough to take it?
Customer reply replied 2 months ago
I posted the question. Can you answer it?
Ask LandlordTenantAnswer Your Own Question
LandlordTenantAnswer
LandlordTenantAnswer
LandlordTenantAnswer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 29,026
29,026 Satisfied Customers
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.

LandlordTenantAnswer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,920 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,103 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
Can a landlord restrict a visiting child of a tenant from
can a landlord restrict a visiting child of a tenant from entering the property due to physical disabilities of which she has good care and guidance? The landlords' position being concern of an accide… read more
LegalGems
LegalGems
Juris Doctorate
10,407 satisfied customers
A new owner bought the building I RENT MY APPARTMRNT IN A
A new owner bought the building I RENT MY APPARTMRNT IN A DID EXTENSIVE RENOVATION FOR THE WHOLE BUILDING BUT NOT BEFORE GIVING ME A NEW LEASE THAT WITH EXPIRE NEXT YEAR, SO HE MOVE ME TO A bnb for th… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,920 satisfied customers
I am a renter that moved into my current with a roommate.
I am a renter that moved into my current with a roommate. … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,920 satisfied customers
My mom has a tenant who pays late many times. She want's to
Hi, my mom has a tenant who pays late many times. She want's to evict them, Can she evict lets say even if they pay their rent on time most or all of the time. … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
What happens if tenant needs time because no help and is
What happens if tenant needs time because no help and is diabled having trouble to get biggg things like refrigerator and big screen tv out alone and it's last day of sheriff served for 601am Sunday m… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We got a water notice that we had high consumption on Nov 6
We got a water notice that we had high consumption on Nov 6 2017, on Nov 8 2017 I called the water company and they said we had used 42 units of water for the month of Nov. our usual consumption is be… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,125 satisfied customers
I am a first time landlord, in Las Cruces, New Mexico. We
Hi. I am a first time landlord, in Las Cruces, New Mexico. We have a house, which is for lease, and have already leased a casita or "mother-in-law's house" on the same property. The tenant in the casi… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,920 satisfied customers
Attention NYC Lawyers: I'm looking for a local Attorney who
Attention NYC Lawyers: I'm looking for a local Attorney who handles municipal law and permit issues to assist me with creating a petition for all residents to sign that would be delivered to City Hall… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,980 satisfied customers
Do you know anyone who would had the standardlized jury
hello, do you know anyone who would had the standardlized jury instructions? The courthouse can not help me with any questions and I would have to guess, all the law libraries are still closed to the … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
D.8 years.it is for y name is ******,i have been living
d.8 years.it is for y name is helen ******,i have been living 1**** m**** … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,690 satisfied customers
What steps do I take to evict a self storage tenant in
What steps do I take to evict a self storage tenant in Georgia. He has not paid rent on the unit in 3 months. … read more
LegalGems
LegalGems
Juris Doctorate
10,407 satisfied customers
I have tenants that are not paying the full amount. They
I have tenants that are not paying the full amount. They moved in Nov of this year and gave 2 bounced checks. Rent and deposit is $6K ($3K + $3K) which they failed to pay on the Nov 1st. They were abl… read more
LandlordTenantAnswer
LandlordTenantAnswer
Attorney
29,026 satisfied customers
Provide an answer with supporting references. I normally
Please provide an answer with supporting references. I normally charge a $300 deposit for pets and $20 monthly fee. I have a tenant that is saying that since the dog is emotional support dog, I am not… read more
LegalGems
LegalGems
Juris Doctorate
10,407 satisfied customers
Im having an issue with my apartment landlord sending me
Hi, im having an issue with my apartment landlord sending me notices non-payment and to either pay or vacate the premises. But it isnt true … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have rented a house with a hot tub. The listing advertised
I have rented a house with a hot tub. The listing advertised a hot tub for use by the tenants and the walk through before signing the lease also featured the hot tub. However, upon move-in the hot tub… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,920 satisfied customers
I allowed my grandchild to stay in one bedroom in my home.
I allowed my grandchild to stay in one bedroom in my home. He does not have a key, pay rent or utilities and does not but groceries. I pay all of these. He does not give me money or work in or around … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,103 satisfied customers
Landlord gave an elderly disabled lady an eviction notice
Landlord gave an elderly disabled lady an eviction notice due to the owner having no insurance or liability on the place. Withen the last year or so the son got the property from his parents a year or… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,920 satisfied customers
I rented a house to a person. They moved in but they never
I rented a house to a person. They moved in but they never signed the the contract. They told me, verbally, that they have now moved out. I asked them to text, that they have moved out, to me, but nev… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
944 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x