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I was denied a motion to stay in florida from an eviction -

Customer Question
I was denied a...

I was denied a motion to stay in florida from an eviction - i called the clerk and they said that i did not file a legal reason enough to grant my request -

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

The lease terms are 12 months paid monthly - there are roaches

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Florida

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I gave the landlord at overlook point apartments in pompano beach florida the rent including the late fee and they told me that my file had already been sent to the lawyers to process the eviction for the month of october

Submitted: 5 months ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
11/20/2017
Lawyer: LandlordTenantAnswer, Attorney replied 5 months ago
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 30,943
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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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

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Lawyer: LandlordTenantAnswer, Attorney replied 5 months ago

Good morning. Can you please clarify for me what your question is? Was the eviction actually ordered by the Judge and you were given a time to vacate?

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Customer reply replied 5 months ago
the eviction was filed by the attorney on october 23 in broward county forida. i then responded to the filing and the judge denied it - i filed a motion to stay on 11/17/2017 and called this morning and told i was denied because i had no legal reason
Customer reply replied 5 months ago
see attached
Lawyer: LandlordTenantAnswer, Attorney replied 5 months ago

A defendant does need a legal basis, for a stay to be imposed. It has to be more than a situation, where you need more time to move and you would need and want to show the Judge, why this should be stayed and what will happen or could happen, as a result. If the landlord filed for eviction, you needed to respond and defend it and oppose it. If there was no legal basis to defend this or show why you should remain and not be evicted, it would have needed to be argued.

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Customer reply replied 5 months ago
https://www.browardclerk.org/Web2/CaseSearch/Details/?caseid=OTgxODA3OQ%3d%3d-Jf8fFzZIGkU%3d&caseNum=CONO17008615&category=CV#
Customer reply replied 5 months ago
what should i do now?
Lawyer: LandlordTenantAnswer, Attorney replied 5 months ago

You can go back and file again, if you have a basis for which the stay should be imposed. You need to tell the Judge why you should not have to vacate and what the court should and needs to consider.

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Lawyer: LandlordTenantAnswer, Attorney replied 5 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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Customer reply replied 5 months ago
Not really helpful. You gave me alot of general responses. I need answers particular to my situation. Not a template response.
Lawyer: LandlordTenantAnswer, Attorney replied 5 months ago

I am happy to still work with you but need for you to share with me the basis for the stay? You need to tell me what you need done and why

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Lawyer: LandlordTenantAnswer, Attorney replied 5 months ago

I know nothing about the situation, which would allow me to provide you with anything more than general responses, at this time.

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Customer reply replied 5 months ago
I paid the rent the landlord including late fee on October 23 and the landlord denied anf said eviction was filed. I got a new job and was paid later. My 6yr old boy had surgery he is still recovering
Customer reply replied 5 months ago
I sent you the attachment and link to the case
Lawyer: LandlordTenantAnswer, Attorney replied 5 months ago

Once the three day notice to pay for vacate passes, a landlord can proceed and file and does not have to accept the rent, if they do not want to. If they denied the rent and late fees and want to proceed, they can. Now, if the issue is your son and his recovery, you want and need to present documentation to the Judge, showing this and asking for additional time to vacate, based upon his medical condition. You would need a letter from his doctor, advising of the surgery and recovery and how he is not able to be transferred or moved out of bed.

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Lawyer: LandlordTenantAnswer, Attorney replied 5 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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