Evicted for Asking Landlord to Fix a Problem

My question involves landlord-tenant law in the State of: Florida - I am a month to month tenant with no lease. The annual lease expired 2 months ago.

I am being evicted for exercising what I believe to be my rights as a renter.

On June 2nd, I complained to the landlord regarding an issue with the property. He refused to discuss the issue. I am a 5 ft 1 in, petite female. He yelled at me, said I don't live here anymore and attempted to initiate a physical altercation. I backed away and went inside the apartment (being very loud the entire way to attract attention) at which point the landlord taped a 3 day notice to pay rent or vacate to my door even though rent was not late and I have never missed any rent payments.

The next day I paid rent. The landlord gave me a receipt and returned less than 1 week later with a 15 day notice to vacate. I was unsure what to do at that point because I am not prepared financially to move so I called Code Enforcement for help based on a neighbors advice. On June 22, Code Enforcement issued a 7 day notice for the landlord to remedy the problems. I was told by Code Enforcement that the landlord was only allowed 7 days to fix the problems instead of 14 day because the landlord has a history of violations as well as failures to obtain any and all permits prior to starting major construction and renovations. There are other issues I've brought to the landlords attention over a period of 14 months; pests, a window that wont open/close correctly and won't lock, tenant storage of items in common areas, lack of fire alarms, and poorly maintained property. None of the issues have ever been fixed.

Today, one month later I am served a 5 day summons for eviction. I'm not sure how to defend myself and I wonder how this can be legal. I never violated any of my responsibilities as a tenant. I am a quiet individual. I do not have visitors coming or going. I keep the apartment very clean. I have a peaceful relationship with my neighbors and I have never missed a rent payment for as long as I have lived there. Moving is expensive and I do not have the ability to generate such costs in such a short period of time and I feel an eviction is unjustified. I see on the eviction notice what I am supposed to do but can I fight this and not have a record?

There are laws in FL inhibiting retialitory evictions for having addressed a repair problem with Ll or reporting a probable,code problem to authorities ...however if you are up against a seasoned LL I very very strongly suggest you use legal counsel to defend on a timely basis.

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Quoting HRinDEVON

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There are laws in FL inhibiting retialitory evictions for having addressed a repair problem with Ll or reporting a probable,code problem to authorities ...however if you are up against a seasoned LL I very very strongly suggest you use legal counsel to defend on a timely basis.

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Thanks for answering. I am becoming familiar with the retaliatory eviction laws but there seems to be a lot of laws with many contradictions between the different laws. I am unsure how these laws apply to me as a renter without a lease. I was under the impression that the law only applies to people who are under a lease agreement. I'm kinda here because I don't think I can afford to pay an attorney. The notice says I have to pay 2 full months rent to the courthouse and I am short by $200. I'm not sure how strict the courts are with collecting and if it is considered an immediate default for not having the full amount. Side note: if I had the full amount I would have been gone within the 15 day window.

I am not sure if he has an attorney but I think he does, at least he did when he put the 15 day notice on my door. I think he's counting on me being intimidated by the process and by not being informed.

The good news is that Florida statutes prohibit retaliation. See 83.64:

http://www.leg.state.fl.us/Statutes/...s/0083.64.html

However, whether that helps you or not depends on your answers to each of the following questions.

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Quoting Pennys

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On June 2nd, I complained to the landlord regarding an issue with the property.

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Please explain the issues and how you reported them. Verbally? In writing? Any previous complaints? How reported? In other words do you have some sort of documentary evidence of your complaints?

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Quoting Pennys

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the landlord taped a 3 day notice to pay rent or vacate to my door even though rent was not late and I have never missed any rent payments.

The next day I paid rent.

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That brings you to June 3.

But what day of the month is your rent due date?

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Quoting Pennys

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The landlord gave me a receipt and returned less than 1 week later with a 15 day notice to vacate.

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So that puts it about the 10th of the month.

One of your defenses to eviction (besides retaliation) is that the 15 day notice failed to comply with the statute.

See 83.57 (3) at:

http://www.leg.state.fl.us/Statutes/...s/0083.57.html

"When the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period."

Which means that your termination date would be June 30.

Whether that error means he has to give you notice all over again to July 31 or whether the court will impute termination as June 30 is impossible to predict.

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Quoting Pennys

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I am not prepared financially to move

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That, unfortunately, is not relevant to the legal issues of whether you stay or have to go.

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Quoting Pennys

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I called Code Enforcement for help based on a neighbors advice. On June 22, Code Enforcement issued a 7 day notice for the landlord to remedy the problems. I was told by Code Enforcement that the landlord was only allowed 7 days to fix the problems instead of 14 day because the landlord has a history of violations as well as failures to obtain any and all permits prior to starting major construction and renovations.

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Any documentation of that complaint. Did you give your name to Code Enforcement or did you call anonymously? If you gave your name, can you get documents from Code Enforcement showing that you called and when and what you reported?

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Quoting Pennys

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There are other issues I've brought to the landlords attention over a period of 14 months; pests, a window that wont open/close correctly and won't lock, tenant storage of items in common areas, lack of fire alarms, and poorly maintained property. None of the issues have ever been fixed.

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That answers one of my earlier questions. But do you have documentation of those complaints?

For future reference, no matter where you live, always make those complaints in writing and keep a copy in your permanent files.

Also for future reference is the entire Florida landlord tenant statute:

http://www.leg.state.fl.us/Statutes/...entsIndex.html

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Quoting Pennys

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Today, one month later I am served a 5 day summons for eviction. I'm not sure how to defend myself and I wonder how this can be legal. I never violated any of my responsibilities as a tenant. I am a quiet individual. I do not have visitors coming or going. I keep the apartment very clean. I have a peaceful relationship with my neighbors and I have never missed a rent payment for as long as I have lived there. Moving is expensive and I do not have the ability to generate such costs in such a short period of time and I feel an eviction is unjustified. I see on the eviction notice what I am supposed to do but can I fight this and not have a record?

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Well, the eviction case itself will always be on record but if a judgment (or dismissal) is in your favor it will reflect that in the court records and you will, of course, get a document as to the disposition.

I found a sample of the eviction summons online:

http://www.floridabar.org/TFB/TFBResources.nsf/0/07D5C055007D4C2285257737004AE215/$FILE/FORM%207.pdf?OpenElement

Item 1 - Write down the reasons you should not be forced to move.

I suggest you create a document on your computer that uses the same heading format as the summons, reproducing everything above the word "TO:" except where it says Eviction Summons - Residential, your title will be Tenant's Response to Eviction Summons.

Then you write your narrative as to why you shouldn't be forced to move.

Your first defense is that the eviction is retaliatory because of all the complaints you made about needed repairs that were never done and that you reported him to code enforcement. Make sure you are specific about dates and types of complaints and attach any written documentation that you might have.

In your response you need to quote the retaliation statute. Yes, that whole page. Easy enough to copy and paste on your computer.

Visit the Code Enforcement office to see if you can get a copy of something that has your name on it as reporting party. I suggest a visit because it's unlikely to happen on the phone.

Your second defense is that the termination notice is not valid because it didn't comply with the statute. Consequently, you have not been given notice of termination prior to being summoned for eviction. Quote that statute section in your response, too.

The last thing you want to say at the end of the narrative is that you request a trial. That in itself will delay the eviction action for a few weeks, maybe more.

Sign and date your response and underneath type that you've mailed a copy to the landlord on (date).

When you've completed your response, make several copies and take them to the court for filing. Drop the landlord's copy in the mail on the way.

Bring the rent. Make sure you get a receipt for the rent and have your copies stamped by the clerk.

Come back to this thread if you need further discussion.

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Quoting Pennys

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Thanks for answering. I am becoming familiar with the retaliatory eviction laws but there seems to be a lot of laws with many contradictions between the different laws.

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There aren't contradictions.

Keep your attention on the sections I provided for you.

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Quoting Pennys

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I am unsure how these laws apply to me as a renter without a lease. I was under the impression that the law only applies to people who are under a lease agreement. .

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The laws apply to all rental agreements, written or otherwise. They apply to you.

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Quoting Pennys

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I'm kinda here because I don't think I can afford to pay an attorney. The notice says I have to pay 2 full months rent to the courthouse and I am short by $200.

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Are you sure about that?

My copy of the summons says:

"Give the Court Clerk the rent that is due. You MUST pay the Clerk the rent each time it becomes due until the lawsuit is over."

That tells me that if July's rent is due you bring July's rent but you don't bring August's rent until August's rent is due.

What, exactly does your summons say?

I suggest you get your answer done ASAP and get down to the courthouse with the rent by Friday and clarify that issue.

If partial rent is not acceptable you'll still have until Tuesday (maybe Wednesday if today isn't counted but I wouldn't push the envelope by waiting until the last minute).

When you want to protect yourself from retaliatory eviction, are best served by making complaint to the housing authority before being served with notice; otherwise it becomes much harder (and under many state statutes, impossible) to show unlawful retaliation.

It's not so much that you can't protect yourself from retaliatory eviction if you're a month-to-month tenant, and more that the landlord can wait a few months then claim to be evicting you for reasons unrelated to whatever it is that would form the basis of a retaliation claim.

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Quoting Florida Statutes, Sec. 83.64. Retaliatory conduct.

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(1) It is unlawful for a landlord to discriminatorily increase a tenant’s rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant. In order for the tenant to raise the defense of retaliatory conduct, the tenant must have acted in good faith. Examples of conduct for which the landlord may not retaliate include, but are not limited to, situations where:

(a) The tenant has complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health code of a suspected violation applicable to the premises;

(b) The tenant has organized, encouraged, or participated in a tenants’ organization;

(c) The tenant has complained to the landlord pursuant to s. 83.56(1); or

(d) The tenant is a servicemember who has terminated a rental agreement pursuant to s. 83.682.

(2) Evidence of retaliatory conduct may be raised by the tenant as a defense in any action brought against him or her for possession.

(3) In any event, this section does not apply if the landlord proves that the eviction is for good cause. Examples of good cause include, but are not limited to, good faith actions for nonpayment of rent, violation of the rental agreement or of reasonable rules, or violation of the terms of this chapter.

(4) “Discrimination” under this section means that a tenant is being treated differently as to the rent charged, the services rendered, or the action being taken by the landlord, which shall be a prerequisite to a finding of retaliatory conduct.

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Subsection (1)(c) relates to written notice from the tenant to the landlord identifying the landlord's material noncompliance with the rental agreement, indicating the intention of the tenant to terminate the rental agreement by reason thereof. That's an unfortunately specific requirement, given that most tenants aren't going to make a written report or give notice of an intent to terminate the tenancy if the problems aren't fixed.

Thank you so very much. I can't express how grateful I am for your response. I have valid answers for each of the questions and will include them in my responses. I'm really glad you did that because I was under the impression it had to be short and sweet, like a 1000 word essay so I omitted quite a bit.

As far as the 1st of the month goes, rent has always been paid on whatever date the landlord shows up to collect it. If he's not around on the 1st, it gets paid on the 2nd, 3rd or 4th whenever he does come around. He didn't come around until the evening of the 2nd and that's when history is what it is.

Thank you so much, again, I appreciate you taking the time out of your day to help.

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He has violations from before our incident. I honestly believe he thinks I made the initial complaint but it was actually my neighbor. I called immediately following our incident because I didn't know who else to go to for help.

Thank you very much for responding.

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Quoting Pennys

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Thank you so very much. I can't express how grateful I am for your response. I have valid answers for each of the questions and will include them in my responses. I'm really glad you did that because I was under the impression it had to be short and sweet, like a 1000 word essay so I omitted quite a bit.

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Write as much as you have to even if it takes 10 pages.

Make sure you bring extra copies to court so you can hand one to the landlord and one to the judge. More professional that way so that the judge doesn't have to go through his file looking for it.

The more information you have in your response the easier it will be for you to cover all the points because they will be in the order you want them presented.

By the way, did you give the landlord a security deposit when you moved in?

Adjusterjack....does notice taped to,a,door even meet the statutory requirements of notice in FL....I do not know...

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Quoting HRinDEVON

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Adjusterjack....does notice taped to,a,door even meet the statutory requirements of notice in FL....I do not know...

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Yes, taped to the door is sufficient.

The statute allows for

"mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence."

I'm sorry, I'm still here, I've been writing. I gave him a deposit, yes.

Good thing i just bought printer ink. Thank you! Will print in 3s!