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Defenses to Eviction for Falling Behind on Rent

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  • 11-25-2016, 10:02 AM
    Crystal22
    Defenses to Eviction for Falling Behind on Rent
    My question involves landlord-tenant law in the State of: Florida

    I signed a lease and moved in with no keys. Now I have 4 months left of the lease and the are attempting to evict me for being behind a partial month. My question is was it legal for me to move in without the keys to begin with?
  • 11-25-2016, 10:32 AM
    jk
    Re: Help
    Sure it was. It was your option to move in without the keys being given to to you. You could have said no. Regardless it won't matter to the eviction issue.

    There is a simple way to avoid being evicted for being late; pay your rent.

    Curiously, how long after you moved in were keys provided?
  • 11-25-2016, 10:33 AM
    flyingron
    Re: Help
    If you are in the space, the keys are largely immaterial. There's nothing magic about keys. Sure you have a legitimate complaint about not being provided keys if they were necessary, but that is rather beside the point if you haven't paid your rent in a timely fashion.
  • 11-25-2016, 10:33 AM
    gail in georgia
    Re: Help
    Why do you believe not having keys would avoid an eviction for not paying your rent?

    Gail
  • 11-25-2016, 11:59 AM
    llworking
    Re: Help
    Quote:

    Quoting flyingron
    View Post
    If you are in the space, the keys are largely immaterial. There's nothing magic about keys. Sure you have a legitimate complaint about not being provided keys if they were necessary, but that is rather beside the point if you haven't paid your rent in a timely fashion.

    Well, it could matter if he is renting a room in someone else's place and could not get in to get his stuff if they do self help and lock him out.
  • 11-25-2016, 02:43 PM
    Crystal22
    Re: Help
    Actually I've always paid my rent up until recently when I was still making payments to get caught up. Secondly I was promised keys that were in a lock box on my door I asked for the codes repeatly and never got them.
  • 11-25-2016, 02:49 PM
    jk
    Re: Help
    So you still don't have keys?

    you have more faith in people than I. Leaving your apartment and leaving it unlocked? Wow.
  • 11-26-2016, 02:37 AM
    Crystal22
    Re: Defenses to Eviction for Falling Behind on Rent
    Yes still no keys I figured being a management company that this would be handled I assumed wrong
  • 11-26-2016, 05:31 AM
    jk
    Re: Defenses to Eviction for Falling Behind on Rent
    Quote:

    Quoting Crystal22
    View Post
    Yes still no keys I figured being a management company that this would be handled I assumed wrong

    how long have you lived there?

    So you go to work every day and leave the apartment empty and unlocked?

    how often have you written the management a demand for the keys?
  • 11-26-2016, 07:49 AM
    adjusterjack
    Re: Defenses to Eviction for Falling Behind on Rent
    Quote:

    Quoting Crystal22
    View Post
    Yes still no keys I figured being a management company that this would be handled I assumed wrong

    Takes a screwdriver and a couple of minutes to take a lock out of a door. Then take it to Home Depot, Lowes, or any hardware store and get it rekeyed for about 5 bucks.

    Duh.
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