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  1. #1
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    Sep 2015
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    Default Forced by Landlord to Sign Over Personal Property Under Duress

    My question involves landlord-tenant law in the State of: FL

    The shortest version possible -- The woman I worked for and was led to believe I was a 50% partner in a company with filed to evict me from the business property I was working and living on. While both of our names were supposed to be on the lease when signed, I was informed by her attorney that I was actually never put on the lease at all, and therefore I was as good as an "unwanted guest" that needed to get out. Her attorney told me that she had already filed suit against me, and that the only way she would "call off the dogs" was if I agreed to be out within 2 days (on Christmas Eve no less), as well as signed a stipulation which signed over a very valuable grand piano that belonged to my mother in exchange for some alleged "damages to the property" (which I later found out from the actual property owner that there were NONE.) It has been just over a year since this occurred, and with my mother's health beginning to fade in a grave capacity, I am finding that this piano keeps coming to mind, as it was one of the last possessions she had after going through a terrible divorce. Likewise, it would have also been the only belonging of hers that I would have had once she passes on, and it is of extra significance, as music was always a common love we shared.

    My main question/s are as follows -- Is there a way I can legally challenge the stipulation? Secondly, is there a statute of limitations on a stipulation? Third, does this fall under the category of "signing under duress"? I have never been faced with anything legal in my life, so when faced with being homeless within 48 hours, on Christmas Eve, with an ill parent, AND facing legal threats from a powerful doctor and lawyer, all I could do was run to the first "jack in the box" attorney's office I could find. He basically reviewed the Doctor's stipulation and told me the only way to protect myself from the lawsuit was to sign it. I argued with both him and his paralegal, as there were two clauses I took SEVERE issue with. One being that it had me admitting fault to the alleged damages, and the second stating that I was signing and swearing to the fact that I was not being forced to sign under any duress, threat, or coercion, which was actually exactly what was happening. Obviously it also stated that I was signing over ownership of the piano in exchange for the "damages". He again told me that if I did not sign it, I would be "taken to the bank" with the full blown lawsuit. Having nothing as it was and about to be on the street, I saw no other choice and signed it. They closed the case.

    About 2-3 months later I happened to run into the property owner himself, who was a bit confused as to why I had just disappeared from the equation and apologized that there was nothing he could since the doctor only named herself on the lease. Apparently she never even brought up the fact that I was (supposed to be) a 50% partner. Therefore since the property was solely hers, she was technically the landlord and had the ability to do whatever she wanted with me. I told him that she had accused me of causing in excess of $5000 worth of damage and asked him if there was anything wrong with the property after I'd left, to which he said absolutely not. Naturally I took photos of the entire property just minutes before leaving for good, and went so far as to call the police to come do a walkthrough to verify the condition, as my mother had a worry that she would come in behind us and cause damage herself. But the owner said everything was perfect. Obviously in my mind, that would mean she lied in the stipulation, but at that time I didn't have any means of fighting it. Can I do anything about this?

    I also just want to state that this eviction came totally out of left field. There was nothing malicious on my part to cause it, I did not break any agreement with the doctor, and I truly believed I was a 50% partner until the day she showed up and told me to give her the keys, get in my car, and leave right at that very moment. She would not tell me what was going on, just kept telling me that I needed to get out, and within an hour her attorney was calling me. In hindsight, what seems to have occurred was that I was kept and used just long enough to get the business going and then told, "Surprise! You're not even on the lease! Thanks for doing the dirty work, now get out." Please help me. If there is any way I can get this much loved piano back for my mother, I would appreciate any advice on how to go about it, as I will most definitely be the ant up against the queen bee.

  2. #2
    Join Date
    Jan 2006
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    Default Re: Forced by Landlord/Employer to Sign Over Personal Property Under Duress

    he woman I worked for and was led to believe I was a 50% partner in a company with filed to evict me from the business property I was working and living on. While both of our names were supposed to be on the lease when signed, I was informed by her attorney that I was actually never put on the lease at all, and therefore I was as good as an "unwanted guest" that needed to get out.
    since it would appear you never signed the lease, it should be pretty obvious you were not on the lease.

    as to being a 50% partner in a company; of course when people enter contracts with others and become partners with them, either they are listed as a partner with the state business filings or at least have some sort of written contract defining their position, powers, duties, and obligations. I have to presume you had nothing showing you were in fact a partner in the business.

    but what kind of property was this that you were staying at? If it was not considered your residence, you could be removed as trespasser at any time. If it was your residence, it was required to provide you with 7 days notice (I think if I recall Florida landlord tenant law correctly).

    the fact you obtained legal counsel kind of defeats your argument of duress.
    Obviously in my mind, that would mean she lied in the stipulation, but at that time I didn't have any means of fighting it. Can I do anything about this?
    You had no means of fighting it? You went to an attorney for advice. Of course you had means to fight it. You chose to accept signing the agreement in exchange for the other party agreeing to not sue. If you felt she had no basis to sue, then you tell them to get lost and deal with the consequences. You made your choice.

    and since you were getting booted anyway, the concern of the loss of residence doesn't play into the matter. That was a given regardless of what you did otherwise.

    Your delay in taking any action will reinforce their argument there is no merit to your suit as well. If you felt wronged, why did you wait more than a year to take the issue up and claim what you believed was yours?


    there are only two issues I see here:

    how could you sign over ownership of your mother's piano? and if you did not have the authority to do so, why didn't your mother take action to recover her piano?

    While the statute of limitations has not expired, I simply do not see you winning anything here. You kind of took care of a lot of that by failing to act sooner, you did obtain counsel before signing the agreement, and even after the property owner told you he knew of no damages you still failed to act.

  3. #3
    Join Date
    Jan 2015
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    1,142

    Default Re: Forced by Landlord/Employer to Sign Over Personal Property Under Duress

    Pianos are really becoming obsolete and worthless pieces of furniture. The local thrift stores around my area have many of them, some of them with the original appraisals showing they are worth thousands, and they're being sold for less than $100 (you have to move it, of course!). Are you sure the person still has the piano, and that it hasn't been sold or disposed of by now? I think you are building this up in your mind.

    As a very wise person once told me, "Don't ever allow yourself to go crazy and be miserable over a possession. One good house fire and it's gone anyway." And a piano isn't like carrying away a guitar or a violin or something. They're heavy, hard to move, and very likely there will be a problem with you finding a place for it in your current residence, even if they give it to you. Why don't you ask them for it?

    I suggest you leave this big heavy white elephant you were lucky to get rid of (I once paid to have a grand piano moved!) where it is and buy your mother a keyboard if she wants to play.

  4. #4
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    Sep 2015
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    2

    Default Re: Forced by Landlord/Employer to Sign Over Personal Property Under Duress

    In reply --

    since it would appear you never signed the lease, it should be pretty obvious you were not on the lease.

    She told me that she would be putting both of us down as the responsible parties under the lease. I had never entered into any sort of real estate transaction before, so when she told me it was as simple as her putting our names down for who would be occupying the property, I believed it. The owner did at one point send an e-mail asking for my information, SSN, etc., to put on the lease, so I was under the impression that was all it took. However as I learned afterward, when the doctor actually went to sign, she didn't say a word about me. By the time I realized it was already a done deal and that she'd only put herself down and signed solely, it was too late. I know, how naive. 20-something and all too trusting, but the way I describe it to people is if you are drowning, and a hand reaches down to you under the water, you don't stop to ask questions or think rationally. You grab it to save yourself.

    as to being a 50% partner in a company; of course when people enter contracts with others and become partners with them, either they are listed as a partner with the state business filings or at least have some sort of written contract defining their position, powers, duties, and obligations. I have to presume you had nothing showing you were in fact a partner in the business.

    Other than the typed business plan, unfortunately you are right. Again, she said it was as simple as us both being named on the lease, which would make us each half responsible. In our business plan, it does call for a business filing to be submitted within a month or so, but I had only been on site for about a month when all of the sudden I was told to leave.

    but what kind of property was this that you were staying at? If it was not considered your residence, you could be removed as trespasser at any time. If it was your residence, it was required to provide you with 7 days notice (I think if I recall Florida landlord tenant law correctly).

    It was a farm that had an attached living space for caretakers, which was where my mother and I lived. I had literally just moved in the last of the furniture when she came out a day or two later, asked if we were completely moved in, and then came back that evening and said to get out. I am also leaving out a lot of details, such as the fact that she showed up yet again that night with 3 large men who she said were ex-convicts, had them rip the locks and handles off all the doors, and ransack the living quarters. One of the men shoved my mother down the stairs and injured her quite severely, which I have photos to support. That being said, it is very difficult to fight someone who tells you they will finish you off if you don't do what they say. We are not confrontational or violent people. So being treated in such a way where you are terrified and made to feel like you have no choice or say in the matter makes it very difficult to take a stand.

    the fact you obtained legal counsel kind of defeats your argument of duress.
    You had no means of fighting it? You went to an attorney for advice. Of course you had means to fight it. You chose to accept signing the agreement in exchange for the other party agreeing to not sue. If you felt she had no basis to sue, then you tell them to get lost and deal with the consequences. You made your choice.

    I did not retain anybody. I called the first person I could find who could tell me whether or not what she was doing was actually legitimate, and if I stood any chance to fight it. I did not have any means at the time, (and actually did end up living on the street with my mother for almost a year without a penny to my name.) And in part I wonder if that is why he was so quick to just have me sign it, because I was honest and said I had no money. I put everything I had into that business thinking I was an equal partner, but all he said was that she was in the position to drag me to court just for the fun of it, and one way or another I would end up being steamrolled unless I just gave them what they wanted to make it go away. Why would I not believe an attorney when they say giving in is in my best interest? I didn't want to sign it. I didn't want to admit to what turned out to be made up anyway. Does it not matter that she lied about damages in a legal document just to take something of value?

    and since you were getting booted anyway, the concern of the loss of residence doesn't play into the matter. That was a given regardless of what you did otherwise.

    Your delay in taking any action will reinforce their argument there is no merit to your suit as well. If you felt wronged, why did you wait more than a year to take the issue up and claim what you believed was yours?

    I waited because I had no choice. We were on the street in a car and what little money I had went to food and gas so I could at least try to hold down a job. I am NOW in a financial position where I could potentially do something, if there is merit. That is why I'm here now asking.

    there are only two issues I see here:

    how could you sign over ownership of your mother's piano? and if you did not have the authority to do so, why didn't your mother take action to recover her piano?

    I did skim over that part. They made us both sign the stipulation.

    While the statute of limitations has not expired, I simply do not see you winning anything here. You kind of took care of a lot of that by failing to act sooner, you did obtain counsel before signing the agreement, and even after the property owner told you he knew of no damages you still failed to act.[/QUOTE]

  5. #5
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    Jan 2006
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    Default Re: Forced by Landlord/Employer to Sign Over Personal Property Under Duress

    It was a farm that had an attached living space for caretakers, which was where my mother and I lived. I had literally just moved in the last of the furniture when she came out a day or two later, asked if we were completely moved in, and then came back that evening and said to get out. I am also leaving out a lot of details, such as the fact that she showed up yet again that night with 3 large men who she said were ex-convicts, had them rip the locks and handles off all the doors, and ransack the living quarters. One of the men shoved my mother down the stairs and injured her quite severely, which I have photos to support. That being said, it is very difficult to fight someone who tells you they will finish you off if you don't do what they say. We are not confrontational or violent people. So being treated in such a way where you are terrified and made to feel like you have no choice or say in the matter makes it very difficult to take a stand.
    so now there were death threats. Well, if those threats caused you to do what you did then, just what kind of crazy are you that you would consider reopening that can of worms. You no longer see these large convicts as a concern?

    I waited because I had no choice. We were on the street in a car and what little money I had went to food and gas so I could at least try to hold down a job. I am NOW in a financial position where I could potentially do something, if there is merit. That is why I'm here now asking.
    you can sue if you wish. I do not see much of any chance of prevailing and even if you did, what do you expect to get? A piano?

    I did skim over that part. They made us both sign the stipulation.
    Ok, so new facts.

    You will never get a realistic response if you fail to provide pertinent facts and alter "facts"/. I suggest you go and hire that attorney to advise you of your chances of winning anything. S/he will be able to read the documents involved and since he will be getting paid, listen to your changing story each time you give it to him, happily cashing the checks you continue to give him.

  6. #6
    Join Date
    Jan 2015
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    Default Re: Forced by Landlord/Employer to Sign Over Personal Property Under Duress

    I think this person is whoofing us.

    Purported ex-convicts threw your old mother down the stairs. You didn't call the police. The attorney you consulted, a "jack in the box" storefront lawyer ( Surely you don't imply this was the kind who chase ambulances and shamelessly fight for clients?) didn't think you had a case for wrongful termination, eviction, assault, theft of property, anything..

    You're left homeless, practically, but a year later, you want your piano back!?!?! Was it a grand, an upright, a spinet? Inquiring minds want to know. Seriously, when a person is becoming old and ill, many good memories, some in regards to a favorite car, horse, house, or even a piano, come to mind. But that doesn't mean you should try to get that item back for your mother. Just enjoy the good memories.

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