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  1. #1
    Join Date
    Sep 2017
    Location
    Florida
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    12

    Default Can a Landlord Use a 15-Day Notice to Evict a Tenant for Nonpayment

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

    I received an Eviction Summons on Saturday, December 01, 2017 for non-payment of rent. My lease expired on 07/05/17 and converts to a month to month lease with the same terms except only 15 days notice to terminate are required. In the Eviction summons I received, the landlord (will call him the bad owner) included as his notice a "Fifteen Day Notice for Possession of Premises" and signed a Proof of Service saying that it was served on 10/01/17 at 6:30 pm. I did not receive any notice whatsoever from the Landlord, if I had, I would have immediately contacted the other owner of the property (the other landlord, it's owned by two individuals in a partnership LLC, will call him the good owner) to let him know, as he does not wish me to be removed from the premises. The bad owner has lied and conducted illegal actions numerous times against myself and other tenants, which is why the good owner became involved in things.

    1. I have three questions. first question is this, wouldn't the bad owner have to serve me a 3 day notice as well before he is allowed to proceed with eviction based on non-payment? I don't think the 15 day notice of lease termination is sufficient, as it does not list the amount of rent I owe, it just says that my tenancy is terminated as of 10/15/17 and I'm required to vacate on said date.

    2. I say serve 3 day notice as well, but he DID NOT serve the 15 day notice to me either, so can I also dispute that as a defense? I would think it would be my word against his. I was the property manager, and I always took a picture of the notice on the door and the house with the address showing, he might have done the same, then taken the notice down so that I wouldn't know about it and he could blindside me and the good owner with this eviction. How can I prove he didn't serve me a notice except to say that I ALWAYS tell the other owner anything that happens immediately, so it IS telling that I didn't.

    3. Can he evict me even if the other owner doesn't want me evicted? Couldn't the other owner just show up and cancel the eviction filing? Or, if it can't be cancelled by the other owner of the LLC, could he show up in court and tell the judge that they are in a dispute and he does not want me to be evicted?

    I really, truly, appreciate any help anyone can give. I'm well versed in the general Landlord Tenant law, but these questions are sort of in the grey area.

    Here is the 15 day notice he claims to have served with all confidential information blacked out:


  2. #2
    Join Date
    Sep 2005
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    Default Re: Can a Landllord Use a 15-Day Notice to Evict a Tenant for Nonpayment

    Your landlord wants to end your tenancy even if you choose to pay your delinquent rent, and served you with the proper notice to accomplish that goal. He does not have to serve you with two notices. He's terminating your tenancy, not evicting you for nonpayment.

    If you choose, you may contact the other member of the LLC to see if you can negotiate the continuation of your tenancy.

  3. #3
    Join Date
    Sep 2017
    Location
    Florida
    Posts
    12

    Default Re: Can a Landllord Use a 15-Day Notice to Evict a Tenant for Nonpayment

    Thank you for answering so quick, I really appreciate it!

    So you say the notice is fine, but what about the fact that he never provided any notice to me? Are you knowledgeable about those types of outcomes to where you can tell me in general, how does the judge decide who is telling the truth? Wouldn't it be prudent for the judge to err on the side of caution and require the landlord to serve another notice and then proceed with eviction?

    The other owner who is the partner in the LLC does not want me to be evicted. Can he simply show up with proof he is an authorized LLC member and cancel the filing?

    Thanks again for any help you can provide.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can a Landllord Use a 15-Day Notice to Evict a Tenant for Nonpayment

    Why is all this being addressed in December when everything you wrote about happened in October?

    Are you still in possession of the residence?

    Have you still not paid rent?

    Have you been to court on the eviction?

    I can get into all the legal technicalities when you've answered those questions.

    However, if the court eviction was successful and you are already out, it's probably a waste of time to armchair quarterback the situation.

  5. #5
    Join Date
    Sep 2017
    Location
    Florida
    Posts
    12

    Default Re: Can a Landllord Use a 15-Day Notice to Evict a Tenant for Nonpayment

    Trust me it's a long complicated story. The gist of it is that there are two owners of the property, one is good and one is bad. I am the on site property manager and signed legal affidavits against the bad owner for all sorts of illegal conduct for a mediation between the two owners and he hates me with a passion because of it. He has illegally shut off my electric to retaliate, threatened me, harassed me, and now he is trying to evict me. I'm still in possession of the property, I just received the Eviction Summons on 12/02/17. He DID NOT serve the 15 day notice or any other notice to me. He knows it's my word against his, but if he had served any notice at all to me, I would have immediately informed the other owner. He did that so he could blind side me with it and waited until my birthday (Dec 4th) and the month of Christmas to cause me the most pain. My 10 yr old SON found the eviction papers on the door so I couldn't even protect him from it nad needless to say he was very upset.

    My rent is only supposed to be $1 per month but he is claiming the holdover rate of $800 per month since the lease he had a copy of expired and that holdover rate is on all of our leases, even mine, I just never changed it for only my lease.

    This is very important for my answer today, can anyone tell me, is a written, signed lease for $0 a month about to be upheld in the state of Florida, or does it have to be at least $1 or more? I just don't know if there is any technicality involving needing to pay for something to actuate the lease. I looked all over the internet for this answer and couldn't find it.

    The good owner is filing a motion of dismissal today, but just in case something goes wrong, I still intend to file my answers and motion for the court to determine how much rent is owed.

    As always, I appreciate any help you can provide.

  6. #6
    Join Date
    Sep 2005
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    98,846

    Default Re: Can a Landllord Use a 15-Day Notice to Evict a Tenant for Nonpayment

    It is not automatically the case that merely because you are a member of a LLC, you have the right to unilaterally sign a lease that binds the LLC. With an ordinary tenant that would normally be less of an issue, but you are aware of the operation of the LLC and the conflict between its members, you are aware that there is not agreement between the members as to issuing a lease, and you appear to be collaborating (or intending to collaborate) with one member to undermine the position of the other -- under those facts I can't promise you that your $1 or $0/month lease would hold up in court.

    Note also, if you are continuing to work for this LLC as an employee in association with your residency, free or discounted housing is normally taxable as a fringe benefit.

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