Improper Service of Eviction Notice and Improper Default by Court

[sittinpretty09]

My question involves an eviction in the state of: Florida

My landlord failed to provide a correct 15 day notice. In fact a notice was never seen until I was served, where he magically created one just for the courts. It was then that I noticed, that even if he did serve it correctly, it was still defective because he didn't exclude weekends or holidays. He also never terminated the lease agreement, as stated by law. The lease termination was attached to the summons as part of the fake 15 day letter. Of course I didn't see it until I was served.

This person has called law enforcement and provided them with a purely fabricated report. At which they officers laughed and are completely on our side. They knew the landlord was a nut. Either way that is a violation of the law and is punishable under Florida Statue 817.49.

I filed a reply, then called everyday to the courts to find out when the date was set. We were then mailed a letter that said the courts prematurely entered a default and the default was then set aside. (they didn't see the reply letter, when they did they did the above)

I called back to see what was going on, the clerk said the landlord had to file again. Since the court erred. Then I get two days later a letter saying that a judgment was entered against me and that a sheriff will be out to serve a writ of possession.
I am now in the process of filing a motion to the courts requesting a hearing.

With all the evidence that I have against the landlord and the fact that we have never completely determined a rent amount, or have a written contract. The landlord is flaky and I don't trust him. I don't understand why, I was not given a hearing. This landlord doesn't follow Florida laws, how can the courts allow such garbage.

Also a summons was not served on my wife, who lives on the property as well. She is not named on the eviction summons or anywhere on the paper work.


Please help me, I am loosing my mind What can I do? Can they kick my wife out?

PS we are going through this because a rent rate was not given, landlord fails to provide contract and he harasses you before rent would even be due. And yes we have given him money.

[Mr. Knowitall]

We have no way of investigating the court file to determine why the initial default was entered, or why a second default was apparently entered. Look in the court file, find out what happened, and get back to us.

Presumably you had enough of an agreement to know how much rent you are supposed to pay each month, and have a history of paying that amount. That's sufficient to establish the amount of your rent.

If your wife can make the argument that she's a tenant, and thus not subject to being removed without being named to the eviction lawsuit, she may attempt that. We don't know the details of the case, but the landlord appears to be proceeding based upon the theory that you are the only tenant and that anybody who lives you is an occupant, such that their rights end when you are evicted.