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Q-1: After the tenant was served with a five day notice,

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Q-1: After the tenant was served...
Q-1:
After the tenant was served with a five day notice, what is the right form to use instead of a form with non military affidavit(so far I tried unsuccessfully to find out if 2 tenants are or are not ion the military SCRAVS website) to try to get a judgement for eviction and after a writ of possession ?
Q-2:
If on the last part of the eviction in the form it says something like: state what money or previous rent you ( the landlord) want to recover from the tenant and I put in x amount of dollars, what happens after and by how much is the potential judgment for eviction slowed down, how many days?I have a problem tenant in Florida, he’s behind almost 2 months, in addition he still owes me $1000 for 12-2016. And he’s taking advantage of me for several reasons, that I will mention later. I gave him a three day notice and filed the papers for a 5 day summons, he was served ( there are actually 4 adult renters, and one moved out). He responded, by saying that DFAS a military pay system was offline due to the hurricane Irma & Harvey. ( he gave no proof of this) and was in town to pay and so were his other family renters. I cant file a non-military affidavit. And I tried to find out if he and his sister are actually in the military, through SMCRA and they couldn’t tell me yes or no, they aren’t sure, because his name isn’t an exact match.I still don’t know if they are in the military. What can I file or what can I do to get rid of him quick, because it’s a real hardship to have him in the property without paying and I am not wealthy.Q-3:
Last question: because I'm not a lawyer, I filed the eviction papers for each of them ( all 4) and the process server served them all 4 ( I learned later to file an eviction on only 1 or 2 & any & all others in posession).
CAN I POST THE TERMINATION OF TENANCY ON THE DOOR, OR SEND IT TO THEM BY CERTIFIED MAIL ALL 4 OF THEM? Or to serve them with a process server?
CAN I POST THE TERMINATION OF TENANCY ON THE DOOR, OR SEND IT TO THEM BY CERTIFIED MAIL ALL 4 OF THEM?
Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 9 minutes by:
10/15/2017
Lawyer: rayanswers, Lawyer replied 8 months ago
rayanswers
rayanswers, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 47,671
Experience: 30 years as a Texas lawyer dealing in landlord tenant
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: rayanswers, Lawyer replied 8 months ago

Q-1:
After the tenant was served with a five day notice, what is the right form to use instead of a form with non military affidavit(so far I tried unsuccessfully to find out if 2 tenants are or are not ion the military SCRAVS website) to try to get a judgement for eviction and after a writ of possession ?
Q-2:

I would try submitting the affidavit in your name based on the fact that it did not appear that any of them were in the military.See if they respond, if they do they have to show some proof here.Ask the judge for military identification or other proof if they challenge.Offer it up here your way with names that were on lease and thats good evidence here unless they show otherwise.

Q-2:
If on the last part of the eviction in the form it says something like: state what money or previous rent you ( the landlord) want to recover from the tenant and I put in x amount of dollars, what happens after and by how much is the potential judgment for eviction slowed down, how many days?

Use the amount of rent owed until date of filing.

CAN I POST THE TERMINATION OF TENANCY ON THE DOOR, OR SEND IT TO THEM BY CERTIFIED MAIL ALL 4 OF THEM?

Do both take pic of posted notice.Also here if the notices come back unclaimed , you send them certified mail return receipt requested you file these in the courts file as well as picture--photo copy of it posted on the door.

Thanks again and thanks for rating 5 stars.

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Customer reply replied 8 months ago
Im still not satisfied with the answer. The clerk of court ,in Miami-Dade county, said I couldn't file the last part of the eviction papers because I could not fill out the part that had a NON military affidavit on it. How can I submit the last part of the eviction papers? There were 3 pages to it times 4 copies for each defendant. What is the correct set of papers to submit, when I dont know if they are or ar not in the military and where can I get the papaers?
Customer reply replied 8 months ago
On what form do I explain to the judge that I don't have positive military ID for them from the SCRAVS website. Do I include a brief letter with the clerk of court form for motion to obtain a default? And do I ask for a hearing or just submit the papers and let the court do the rest, because the clock keeps moving and each time I keep losing another 2 weeks.
Customer reply replied 8 months ago
Finally, do I still serve them or, post on the door a termination of tenancy?
Lawyer: rayanswers, Lawyer replied 8 months ago

SCRAVS could not locate them under the names on the lease.

Serve all of them here entire copy of eviction suit.You post one notice on door and then also send each one certified mail notice.This is critical here to evicting them.

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Lawyer: rayanswers, Lawyer replied 8 months ago

Once you have noticed them and served them again with suit, then seek to have it set again.You would want to reserve here.I sure would consider a lawyer and seek legal fees and costs, this is not simple and I understand your frustrating.I know most landlords will not rent to military for this reason.

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Customer reply replied 8 months ago
Or before I try to file any more papers with the clerk( they may not accept the last part of the eviction papers without the NON military affidavit, do I file a motion on the e-portal asking them to produce proof they are in or not in the military, and with an emergency court hearing. I had a lawyer before in another eviction case and those tenants were much more difficult than this case and it cost me thousands of dollars plus many months of my hard work to keep after them in multiple suits, that I am doing no pro se. I cant keep spending that much money each time.
Customer reply replied 8 months ago
now pro se in a previous case)
Lawyer: rayanswers, Lawyer replied 8 months ago

No I would keep trying here to evict with improved/amended eviction suit , no motion they likely won't respond and it delays even more.

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Lawyer: rayanswers, Lawyer replied 8 months ago

Thanks for rating 5 stars, have a great evening.

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