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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
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Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Tenants answered summons countering that I owe them $1365 and

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Tenants answered summons countering that I owe them $1365 and they did not put any money into Charlotte County Florida court registry per FL Law. Court date is this Wednesday.

I live in Michigan and have flown down to Florida to go to court because tenant also denies all terms of our verbal monthly rental agreement and is stating that he owes no electric bill or rent. Today He tried and wanted me to accept the past due rent of $1160 he owed at the time of lawsuit. Have everythig in text. ever agreements of all broken past terms on texts. He was not going to pay Sept's current rent that is due, past due security deposit, FPL Bill, and court fees until Oct. I said that you are in my home illegally and need to move out and that I would see them in court and every agreement they have made with me has been broken. so I will not accept anymore agreements.

verbal terms:
580.00 a month due on the 1st.
580.00 security (PAYMENT agreement PLAN DUE IN FULL BY June 2013)
$100 a month FPL Electric Bill budget that has is rebalanced every quarter using actual FPL Bill amount and credit toward bill. (electric is in my name due to this unit having the electricity breaker for the well pump that runs all my units - can't take a chance of any shut off from tenant).

Tenants quick history:
Tenant are Parents of my current tenants of 3 years that had never paid late rent. The kids asked if there parents could take the next door apartment that was coming up empty Feb. 2013 and Recommended them Highly.
Parents were moving back to their home state.
Parents only source of income is SSI of $2500.00 - No real asses.
FYI = Parents moved in April 2013 and 2 weeks later kids gave notice that they purchased a home down the road and was moving. LOL They dumped their parents of hell on me. OMG

Rent and FPL History

out of 5 months rent due:
1 one time, 2 late and 2 non payments. now 3 months and $285 in fees.

any recommendations on what I should do to prepare or argue the verbal agreement issues or the counter.

I have all deposit transitions to show attempt of rent terms and budget plan trying to be meet.
I have all pictures of the garbage and trash out side the unit and all my other units to show difference.

Would it help to get a letter from the next door tenant?
The couple agreed to get a notary letter stating that they live next door to them and says that I am a great landlord and the terms they pay. also it states that since the defendants have moved in the property appearance has went downhill dramatically as well as safety concerns of a lot of traffic coming and going through the night.

I have all records in a full report from my software that keeps track of my receivables and expediters.
I need some terms to use as agreement since I am not an attorney I don't want to get to much into hear say. This should homefully be quick. I served all paper work on time.

It to late for an attorney. everyone wants over $1000 to walk into court mid stream.

Hi, my name is XXXXX XXXXX I will be glad to assist you,


You seem to be very well prepared and he photographs will be a tremendous help to show that they do not maintain the property the way a tenant is supposed to. Your text messages to and from these tenants is admissible. My only concern is the letter from the neighbors. That would be considered hearsay, unless they were present in the Court Room. However, Judges tend to relax the Rules of Evidence in Landlord-Tenant cases and he might allow you to admit the notarized, signed letter of the neighbors. It would be great if they could come to Court to testify, because it would certainly help having the Judge hear from an objective witness, but you can still win the case without them. One last thing, bring in your electric bills to show that it is in your name and proof that all tenants pay utilities and there would be no reason why you would have made a different arrangement with these tenants,



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